-Prasun Nabiyal Last week, the centre presented its revised version of the new CrPC Bill (also known as the “Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 ”) in the Parliament. The purpose of such revised editions is to incorporate changes suggested during the legislative process. These changes may arise out of any phase of the legislative … Continue reading The Section 187 Dilemma in the New CrPC
~By Parth Kantak INTRODUCTION This piece deals with the issue of bail in the cases of the cyber-crimes given in the Information Technology (IT) Act, 2000. It has been a relatively muted issue however a really pertinent one due to the impact that it has on the investigation of cyber-crimes, which is an extremely crucial stage … Continue reading Bail in Cases of Cyber-Crimes under the Information Technology Act, 2000: A Critical Re-Evaluation of the Penal Framework.
-Rushil Batra Introduction In 2022, the Supreme Court gave its much-awaited pronouncement in the case of Vijay Madanlal Chaudhary v Union of India on various aspects of the Prevention of Money Laundering Act, 2002 (PMLA)– inter alia the constitutionality of PMLA, conditions for bail, and the role of the Enforcement Case Information Report (ECIR). The … Continue reading Money Laundering and Predicate Offences – The Aftermath of Vijay Madanlal Chaudhary
-Abhinav Sekhri The Bombay High Court has re-affirmed the most elementary legal position — the mere power to do something does not act as a justification for doing it. That its order of 09.01.2023 directing the release of Deepak Kochhar and Chanda Kochhar by granting them interim bail on this very premise has generated such a buzz … Continue reading On the Bombay High Court granting bail to the Kochhars
-Saranya Ravindran Section 438 of the Code of Criminal Procedure [CrPC] empowers the Sessions Court and the High Court to grant anticipatory bail, i.e., the direction to release a person on bail in the event of an arrest on a non-bailable offense. Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities … Continue reading Restricting Anticipatory Bail under the Atrocities Act
~By Devvrat Singh and Nishita Gupta Introduction The Prevention of Money Laundering Act (hereinafter referred to as PMLA) was enacted in 2002 and since then it has undergone several amendments. The stated object of PMLA was to combat money-laundering activities and confiscate the properties involved in or connected to the act of money laundering. Several … Continue reading Bail under PMLA: Comprehending the SC’s Imprimatur in Vijay Madanlal Choudhary vs UOI
~By Abhinav Sekhri The previous post in this two-part series considered how the Supreme Court's judgment in Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. [SLP Crl. No. 4364 of 2014; Judgment dated 27.07.2022 ("Vijay Madanlal Choudhary") dealt with the offence of money laundering under the Prevention of Money Laundering Act 2002 ["PMLA"]. This post turns its lens to how the judgment … Continue reading Old Wine in New Bottles? – The Judgement in Vijay Madanlal Choudhary (Part Two)
~By Abhinav Sekhri On July 11, 2022, the most recent clarifications were issued by the Supreme Court in respect of the bail guidelines which it had first issued in October, 2021 [MA No. 1849 of 2021 in SLP (Crl) 5191 of 2021, titled 'Satender Kumar Antil v. CBI' (Order dated 11.07.2022)]. This blog had covered the guidelines in October, … Continue reading The Most Recent Clarifications to the Supreme Court Bail Guidelines
-Himanshu Mishra In all countries, the laws to prevent unlawful activities that may cause harm to the sovereignty and integrity of a nation are extremely consequential. In India, a law called Unlawful Activities Prevention Act, 1967 [hereinafter, “UAPA”]was enacted for this purpose. In recent times, our country has witnessed a plethora of UAPA cases and … Continue reading Reverse onus of proof: An incongruity in UAPA
-By Dev Bansal Introduction Recently, in Prashant Dagajirao Patil v. Vaibhav @ Sonu Pawar and Anr. Etc. (“Patil”), Hon’ble Supreme Court (“SC”) has observed that the High Court ("HC") cannot issue any such directions at the stage of bail which will have "a direct bearing upon the trial." Subsequently, it quashed the direction of the … Continue reading Redefining the scope of Exculpatory Material at the Stage of Bail
-By Abhinav Sekhri Munawar Faruqui might have been about to crack a joke, but he was arrested by Madhya Pradesh police before he could do that. A case was registered against him which invoked offences such as Section 295-A IPC that are cognizable and non-bailable (more on that later). One court has dismissed his bail as well … Continue reading Munawar Faruqui is not an Exception: Systemic Malaise in Bail Hearings
-By Tanmay Gupta and Yashasvi Raj Introduction As per Section 167 of the Code of Criminal Procedure (“Code”), an accused can be remanded for a maximum period of fifteen days at a time, up to ninety days. Conventionally, since the first day is included in the 24-hour production before the Magistrate, in practice, the maximum … Continue reading Need for Application of Judicial Mind in Granting Remand: Discerning the Nexus between Remand Periods and Media Pressure
-By Nirvani Bhawsar and Karshin Malik Recently, Rehana Fathima who is a women's-rights activist from Kerala was booked under Section 13, 14 and 15 of The Protection of Children from Sexual Offences Act, 2012 (POCSO), Section 67B (d) of the Information Technology Act, 2000 (I.T.Act) and Section 75 of The Juvenile Justice (Care And Protection … Continue reading Locating Female Nudity in the Socio-Legal
By Shantanu Pachauri A constitutional bench of the Supreme Court in Gurubakash Singh Sibbia v. State of Panjab (1980) while distinguishing normal bail from anticipatory bail held that while the former is granted after an arrest, releasing a person from the custody of the police, the latter is granted in anticipation of arrest and is … Continue reading Anticipatory Bail and Children in Conflict with Law
By Abhinav Sekhri Forgive the plain title as this writer is at his wits' end, exhausted, after a week-long wild goose chase. The object of my search? The meaning of "Anti National" in context of the law. The immediate cause behind this exertion was set of the guidelines issued by the Delhi High Court's High … Continue reading What’s in a Name? A Lot, Especially if that Name is “Anti-National”
By Bodhisattwa Majumder and Ritika Acharya A pandemic does not discriminate on the basis of class, community or character and strikes every section of the society equally. However, the precautions one can take against the virus are highly prejudiced and biased based on an individual’s financial, social and geographical position in the society. While society … Continue reading COVID-19 – XVI: Monitoring the Prisoners Beyond the Prisons: GPS Tracking for Interim Bails/Paroles
By Nayan Grover Narcotics Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) is a Sue Generis Code and thus anything provided in this act will prevail over the general law. The offences under the NDPS Act are considered to be of more serious nature than usual and also viewed with more scrutiny by the courts. … Continue reading Whether Section 37 of NDPS Act Renders the Provision of Anticipatory Bail Infructuous
By Harpreet Singh Gupta Recently, while hearing a revision petition, the Jharkhand High Court enlarged the accused on bail who was sentenced for one year for obstructing running of trains, etc. under Section 174(a) of the Railways Act. The conditions that the court put were rather interesting. The accused were directed to: (a) deposit Rs. … Continue reading COVID-19 – X: Jharkhand High Court’s Recent Bail Conditions: Improper exercise of Judicial Discretion?
By Abhinav Sekhri Basit, Talib, and Amir are three students of the prestigious KLE college in Karnataka. They are all in their early 20s and received scholarships to pursue their college education. They also happen to be Muslim, and hail from the erstwhile state of Jammu and Kashmir. These students made a short video … Continue reading Descending into the Abyss: The Denial of Bail in the KLE Students Case.
By Abhinav Sekhri On January 24, 2020, a bench of the Supreme Court, comprising Rastogi & Malhotra, JJ, delivered its judgment in State of Kerala v. Rajesh [Crl. Appeal Nos. 154-57 of 2020]. The State of Kerala had challenged an order of the High Court granting bail to persons in a case under the Narcotics, Drugs & Psychotropic Substances … Continue reading The complex world of bail in India’s Criminal Justice System
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