Tag: criminal procedure

Effect of an Inactive Predicate Offence on the PMLA Trial

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-Khushi Dhingra A paradox surrounds the Prevention of Money Laundering Act, 2002 [“PMLA”]: it creates an independent prosecution machinery for an offence that cannot, by its own definition, exist in the absence of an underlying scheduled offence. This paradox is most revealed when the Enforcement Directorate [“ED”] prosecutes a money laundering case while the predicate … Continue reading Effect of an Inactive Predicate Offence on the PMLA Trial

Committed Crimes And Over-Committed Courts: How Far Can My Lord Bend The BNSS – Part II

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-Mayank Khichar Part IV: Harmonising Kishun Singh and Ranjit Singh Through The “Active” and “Passive” Role of the Magistrate in Dharam Pal Further, the tension between Kishun Singh and Ranjit Singh found partial resolution in Dharam Pal v. State of Haryana, at para 27 and 28, where the Court introduced a nuanced distinction between the “active” … Continue reading Committed Crimes And Over-Committed Courts: How Far Can My Lord Bend The BNSS – Part II

A Not So ‘Fair’ & Lovely Criminal System

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-Sofia Dash & Ahan Gadkari Introduction The recent Criminal Procedure (Identification) Act, 2022 (“CP Act”) has spurred nationwide debates amongst human rights activists and the government officials. The CP Act, which aimed at replacing the archaic Identification of Prisoners Act, 1920,permits law enforcement officers to collect identifiable information of all convicts, arrested persons, and detainees, … Continue reading A Not So ‘Fair’ & Lovely Criminal System

Old Wine in New Bottles? – The Judgement in Vijay Madanlal Choudhary (Part Two)

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~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)

Criminal Law Reform — Many Misgivings, and the Long, Uncertain, Road Ahead

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By Abhinav Sekhri Introduction The Indian law school experience revolves around the idea of submitting "projects" or "assignments". At the start of the 5-year marathon, many of us used to be petrified about the idea of failing to submit the assignment beyond the "Last Last Day" — the last permissible date for handing in the … Continue reading Criminal Law Reform — Many Misgivings, and the Long, Uncertain, Road Ahead

The 2019 Amendment to POCSO: A Socio-Legal Analysis

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By Tanvi Rahim and Sannidhi Buch The 2019 Amendment “There can be no keener revelation of a society’s soul than the way in which it treats its children.” -Nelson Mandela Sexual abuse of children is a dark reality which is prevalent in several countries. A recent review of 55 studies from 24 countries found that … Continue reading The 2019 Amendment to POCSO: A Socio-Legal Analysis

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

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