Category: Criminal Law
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Navigating the murky waters – SC redefining the scope of mens rea in insider trading cases
With regard to India’s Insider Trading regime, it is governed by the SEBI (Prohibition of Insider Trading) Regulations, 2015 [superseded SEBI (Prohibition of Insider Trading) Regulations, 1992]. Owing to the difficulties faced by the regulator (SEBI) in identifying the instance of insider trading and the same being totally based on circumstantial evidence, the investigation of…
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Accused in Police Custody- What is the correct approach- Bail being non-maintainable or it deserves rejection
For an in-depth understanding of the concept of Police Remand, please refer to the earlier article by the author here. Introduction Article 22 (2) of the Constitution of India[i] and Section 57 of CrPC[ii] give a mandate that every person who is arrested and detained in police custody shall be produced before the nearest magistrate within…
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Dishonour of a cheque issued to satisfy time-barred debt – Whether attracts criminal liability
Introduction Today, courts are flooded with Cheque Dishonour cases to such an extent that in every metropolitan area and in big districts there are Special Courts of Judicial or Metropolitan magistrates to deal exclusively with these cases. Negotiable Instruments Act (NI Act) provides for the offence of cheque dishonour. Section 138, N.I. Act[i] provides for…
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What is the Fate of a Criminal Case when the Complainant/Informant dies without proving the FIR
It is very well settled that crime is against society as a whole and the state prosecutes the accused on behalf of the victim/society. But, there might be some peculiar situations where the person who lodges the First Information Report with the police (he may be merely a witness who saw the incident or he…
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Constitutionality of Marital Rape in India: From Law Commission Reports to Substantive Testing
Listen to the article here. In the process of the Delhi High Court on 10 January, 2022 continuing the hearing of petititons on Marital Rape, there is unclarity on its current legal stand. The main contentions raised are on the exemption – II of S.375 of the Indian Penal Code (IPC), and the state failure…
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Arrest Warrant and Role of Magistrate
As a regular writer, I try to focus upon the problems that I as Magistrate regularly encounter in court. One such problem is the issuance of a Non-Bailable warrant, at what stage it can be issued, and can it be issued on mere asking by a Police officer and guidelines, if any, that need to…
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