Attachment of Property, Freezing Orders, and PMLA Investigations: The Need for Reasonable Exclusions

By Abhinav Sekhri In almost any prosecution, the property used to commit a crime becomes case property (a murder weapon). In some kinds of prosecutions, this extends to locking down the site of criminal acts (a brothel or a gaming house). There are also other prosecutions, such as those for money laundering, where a major focus is on identifying …

Section 120A of the Indian Penal Code: At the Cusp of Civil and Criminal Jurisprudence

By Pramothesh Mukherjee Two individuals enter into a contract of services, however, due to unforeseen circumstances, it so happens that the fulfilment of such contract turns out to be equally fruitless to both. They ‘agree to end’ the contract; as a result, neither party is obligated to perform their contractual duties. In essence, they agree …

From A Peccadillo to Treason: How Counterfeiting Became a Terrorist Offence

By Sehaj Cheema and Kuldeep Garg Although dubbed as the world’s ‘second oldest profession’, it was not until the 20th century that the potential of currency-counterfeiting as a strategic weapon was realized. An ingenious prong of Hitler’s offence against the British consisted of efforts at smuggling counterfeit currency into their territory, and therefore, economically destabilizing …

Demand: Pre-Requisite for an Offence under the Prevention of Corruption Act

By Neha Meena  Introduction The object of the Prevention of Corruption Act, 1988 is to make the laws stronger and more effective so as to prevent corruption and the matters connected with it. It is necessary to have clarity on the concept of demand of undue advantage by public servants because in most cases the …

The Supreme Court Order in P. Chidambaram v. ED: Some Thoughts.

By Abhinav Sekhri A Two Justices' Bench of the Supreme Court has decided the appeal filed by P. Chidambaram against an order of the Delhi High Court dismissing his plea for Anticipatory Bail in an ongoing investigation being conducted into what is being labelled as the "INX Media Scam" [Crl. Appeal 1340 of 2019, decided …

The Karnataka High Court’s Decision in the D.K. Shivakumar Case: Facets of PMLA Clarified.

By Sameer Sharma Introduction Amidst recent developments in the INX Media case involving former Union Finance Minister Mr. P. Chidambaram relating to allegations of money-laundering, a new legal and political storm seems to have broken out with a politician from the South in the fray. Congress bigwig and their go-to troubleshooter in Karnataka, Mr. D.K. …