Prevention of Money Laundering Act, 2002 – Discharge and Framing of Charge – Scope of Judicial Review – Petitioner, Director of contractor company, challenged rejection of discharge and framing of charge under Section 3 PMLA – Allegations of submission of 26 fake and forged bitumen invoices leading to generation of proceeds of crime worth Rs. 1,08,95,583/- – Investiga...
Criminal Law – Murder – Burning of Wife – Conviction Restored – Respondent-husband alleged to have poured kerosene and set wife on fire – Trial Court convicted under Section 302 IPC – High Court acquitted by discarding dying declaration on hyper-technical grounds – Held: High Court committed manifest error – Acquittal set aside – Conviction and...
Student Suicides – Mandatory FIR – Institutional Responsibility – Higher Educational Institutions – Supreme Court earlier clarified mandatory registration of FIR on disclosure of cognizable offence in cases of student suicides and reiterated the unequivocal moral and legal obligation of educational institutions to promptly report such incidents – Rising incidents of s...
Criminal Law – Sexual Offences – POCSO Act, 2012 – Section 6 – Conviction upheld – The appellant, father of the minor victim, was convicted under Sections 376(2), 376AB IPC and Section 6 of POCSO Act for sexually assaulting his minor daughter – The High Court found the victim's testimony (PW-1) natural, cogent, consistent, and inspiring full confidence, noti...
Criminal Law – Quashing of FIR – Allegations of Rape and IT Act Offences – Consensual Relationship Followed by Marriage – FIR filed after marital discord – Petitioners sought quashing of FIR under Section 528 BNSS on basis of settlement and divorce by mutual consent – High Court noted that complainant admitted to marriage post-alleged incident and subsequently s...
Criminal Law – Appeal Against Acquittal – Rash and Negligent Driving – Essential Ingredients – Sections 279/304A IPC – Prosecution must establish not only involvement of the vehicle and driver but also that the vehicle was driven in a rash or negligent manner – Occurrence of an accident or death by itself does not raise a presumption of rashness or negligence [P...
Money Laundering – Bail under PMLA – Long Incarceration – Constitutional Courts’ Power – Applicant sought regular bail under Section 483 BNSS in ECIR registered under Section 4 PMLA relating to alleged scholarship scam – Applicant in custody for more than two years – Trial at stage of framing of charges – 71 witnesses cited and more than 31,000 pages...
Criminal Law – Quashing - Complaint Case – BNSS, 2023 – Section 223 – Issuance of Notice to Accused – Cognizance – Magistrate issued notices to accused prior to examination of complainant and witnesses – Held, proviso to Section 223(1) mandates opportunity of hearing to accused before taking cognizance but only after examination of complainant and witnesse...
Criminal Law – Quashing - Proclaimed Person – Section 82 Cr.P.C. – Mandatory Compliance – No person can be declared a proclaimed offender/person unless the procedure prescribed under Section 82 Cr.P.C. is strictly and meticulously followed – Provisions of Section 82 are mandatory in nature and any non-compliance vitiates the entire proclamation proceedings [Paras 5, 6...
Anticipatory Bail – National Security Offences – Alleged Syndicate for Aiding Illegal Immigrants – Seriousness of Allegations – Rejection Upheld – Appeal filed against order rejecting anticipatory bail in offences under IPC, Foreigners Act and Passport Act – Allegations of being kingpin of syndicate providing illegal assistance, financial support and settlement ...