November 27, 2023
TWIN BAIL CONDITIONS UNDER PMLA – NOVEL YET ARBITRARY INDIAN APPROACH – A COMPARISON WITH LAW FROM OTHER COUNTRIES
In India, and elsewhere, the offence of money laundering is considered a heinous offence. Its effects are held to be far-reaching, having the potential to bring down the economy of nations. In fact, similar concerns prompted the United Nations General Assembly in June, 1998 to urge its member states to adopt national money laundering legislation and programme (Tarun Kumar v. Assitant Director Directorate of Enforcement, SLP (Crl.) No. 9431 of 2023). The Prevention of Money Laundering Act, 2002 (“PMLA”) was
“Whoever imposes severe punishment becomes repulsive to people while he who awards mild punishment becomes contemptible. The Ruler just with the rod is honoured. When deserved punishment is given, it endows the subject with spiritual good, material well-being and pleasures of senses.”
February 14, 2022
DECODING THE JURISPRUDENCE ON CANCELLATION OF BAIL UNDER SECTION 439(2) OF THE CRPC
INTRODUCTION The concept of bail has been the citadel of attention for criminal law practitioners and scholars. It is one of those law topics that has succeeded in becoming the center of attention for lawyers as well as theorists (jurists). And righty so! The dichotomy of jail and bail touches upon the most cherished and celebrated right of personal liberty of an individual. Also, the impact of arrest on the reputation and self-esteem of an individual is an important consideration
December 7, 2021
THE PRINCIPLE OF AGENCY IN CRIMINAL CONSPIRACY: HOW WOULD CO – CONSPIRATORS BE PUNISHED & SENTENCED?
“What makes the joint action of a group of ‘n’ persons more fearsome than the individual actions of those ‘n’ persons is the division of labour and the mutual psychological support that collaboration affords.” -Bad Acts and Guilty Minds: Conundrums of the Criminal Law Conspiracy is an ‘inchoate’ offence. It is an independent offence and can be charged even if the intended offence is not committed or attempted. If two people, for example, plan the joint robbery of a store,
September 13, 2021
DIFFERENCE BETWEEN COGNIZABLE AND NON – COGNIZABLE OFFENCES FROM THE PERSPECTIVE OF THE INVESTIGATING POWERS OF THE POLICE
By Karan Ahluwalia (4th Year Student, GNLU Gandhinagar) INTRODUCTION One of the most important classifications of offences in India under the Code of Criminal Procedure, 1973 (“the Code”), is of them being either Cognizable or Non-Cognizable. Cognizable offences are those which are indicated as such under the First Schedule of the Code and in relation to which, the Police are empowered to arrest a person without a warrant. Non-Cognizable offences on the other hand, are of a smaller degree of
September 2, 2021
OFFENCES UNDER THE IP LAW WHOSE PUNISHMENT MAY EXTEND TO THREE YEARS: BAILABLE OR NON-BAILABLE?
This article discusses various judgments on the issue whether an offence whose punishment “may extend to three years” is a bailable / non-cognizable offence or a non-bailable / cognizable offence, with special emphasis on such offence(s) provided under the Copyright Act, 1957 [“Copyright Act”] and the Trade Marks Act, 1999 [“Trade Marks Act”]. Although the discussion herein largely focuses on the judgments delivered in the context of Section 63 of the Copyright Act, the same is (needless to clarify) extendable
August 20, 2021
THE DISCRETION TO ARREST WITH POLICE – A PERSPECTIVE FROM THE EXPERIENCES OF A PRACTISING LAWYER
The discretion to arrest and put an accused behind bars in an offence which is cognizable and non – bailable, is possibly the most powerful right which the Code of Criminal Procedure, 1973 gives to police officers. The rationale behind giving such power to a police officer is that during the course of investigation, the accused should not interfere with the process of a fair and independent investigation. The custody of the accused with the police also aids the police
August 13, 2021
IMPORTANCE OF THE STATEMENT OF ACCUSED UNDER SECTION 313 OF THE CRPC – A VIEW FROM THE EYES OF A DEFENCE COUNSEL
This article is being written with the purpose of highlighting the importance of the stage of the Statement of Accused during the course of a Criminal Trial. The article shall begin by placing the stage of the Statement of Accused in a chronological context of the Criminal Trial. Subsequently, the article shall reproduce and dissect the provision threadbare to explain the key legislative features of the same. Lastly, the article shall highlight the important judicial pronouncements of the Hon`ble Supreme