Search Results for Tag : Offence
Notifications & Circulars
Relaxation of time-Compounding of Offences under Direct Tax Laws-One-time measure(09.09.2019)
The Central Board of Direct Taxes (CBDT) has been issuing guidelines from time to time for compounding of offences under the Direct Tax Laws, prescrib.....
Tags : Compounding, Offences, Time, Relaxation
Celebrity Endorsements(01.08.2017)
The Parliamentary Standing Committee on Food, Consumer Affairs and Public Distribution, which examined the Consumer Protection Bill, 2015, has recomme.....
Tags : Celebrity, Endorsements, Offence, Fine
Top Story
Lok Sabha Passes Bill Criminalizing Triple Talaq(28.12.2017)
The Minister of Law and Justice, Mr. Ravi Shankar Prasad tabled The Muslim Women (Protection of Rights on Marriage) Bill, 2017 in Lok Sabha. The bill .....
Tags : Triple talaq, Bill, Cognizable offence
Delhi High Court Decriminalizes Begging(08.08.2018)
Delhi High Court strikes down the provision as 'unconstitutional' which made 'begging' an offence. Further, High Court observed that, criminalizing be.....
Tags : Begging, Offence, Fundamental right, Violation
CBDT issues revised guidelines for compounding of offences under the Income-tax Act, 1961(16.09.2022)
In conformity with the Government's policy of facilitating Ease of Doing Business and decriminalisation of offences, Central Board of Direct Taxes (CB.....
Tags : Compounding, Offences, Guidelines, Revision
International Cases
There must be weighty reason for reduction of degree of offence from murder to lesser offence of manslaughter(30.11.2016)
Appellant was convicted by a jury of murder of his partner. Appellant admitted in Court that he had killed deceased, and sole issue at his trial had b.....
Tags : Offence, Degree, Reduction
Inferences could be drawn at trial only where Section was invoked(17.09.2018)
Matter Arising out of an incident which occurred on the 3rd June, 2009, Mr. Wilson, the Appellant, was arrested on suspicion of the unlawful possessio.....
Tags : Offence, Trial, Conviction, Validity
Court can refuse bail pending sentence where Applicant has been convicted of a serious offence that is very likely to result in a sentence of immediate imprisonment for a significant term(22.08.2019)
The Applicant is a 33 year old man who was found guilty for possession of methylamphetamine with intent to sell or supply, contrary to Section 6(1)(a).....
Tags : Serious offences, Bail, Grant
Leave to appeal must not be granted, unless the court is satisfied that the ground has a reasonable prospect of succeeding(19.09.2022)
The Appellant lodged an appeal against the decision by a magistrate to convict the Appellant of an offence contrary to Section 218(b) of the Planning .....
Tags : Charge, Simple offence, Conviction
Sentencing is a discretionary exercise; an Appellate Court can intervene, only if, Appellant demonstrates either an express or implied material error(02.05.2018)
The Appellant was convicted after trial of being in possession of a prohibited drug, namely methylamphetamine, with intent to sell or supply it to ano.....
Tags : Offence, Knowledge, Sentence, Quantum
A person subject to a supervision order who, without reasonable excuse, contravenes a requirement of the order commits an offence(09.03.2018)
The Respondent has a history of violent sexual offending. He was last convicted of a serious sexual offence on 1st September, 2017. The offence was co.....
Tags : Sexual offence, Detention order, Continuation
Judgments
Mere presence in an unlawful assembly cannot render a person liable unless there was a common object(20.10.2016)
By present revision petition, Petitioner seeks setting aside of order passed by Additional Sessions Judge discharging Respondents from offence punisha.....
Tags : Offence, Provision, Applicability
If FIR, prima facie, discloses commission of an offence, Court does not normally stop the investigation(16.02.2018)
Present petition has been filed by the Petitioners seeking issuance of writ order or direction in the nature of Certiorari quashing the impugned F.I.R.....
Tags : Offence, Disclosure, Investigation
Socio-economic offences constitute a class apart and need to be visited with a different approach in the matter of bail(20.03.2019)
Present is an application under Section 439 of Code of Criminal Procedure, 1973 (CrPC) praying for bail of Petitioner, who has been in detention in co.....
Tags : Socio-economic offence, Bail, Grant of
In a non-compoundable offence, compromise entered into between parties is a relevant circumstance for Court to consider quantum of sentence(22.07.2019)
Present appeal arises out of judgment passed by the High Court by which the High Court has acquitted Accused-Ranjit Singh from the charges by giving h.....
Tags : Offence, Compromise, Imprisonment, Reduction
FIR cannot be registered without sanction of Competent Authority in TADA Offences(16.10.2019)
Present appeal by the Accused is directed against the order passed by the Designated TADA Court whereby the application filed by the Accused that, the.....
Tags : TADA offence, Sanction, Requirement
Playing rummy for stakes amounts to gambling and comes under the purview of Gaming Act(11.10.2019)
Present review petitions are filed by third parties seeking review of judgment by which this Court held that "playing rummy for stakes" within the clu.....
Tags : Rummy, Stakes, Offence
Court has discretion to close the proceedings on being satisfied that, complainant has been duly compensated even in absence of consent for compounding of offence(05.10.2017)
Present appeals have been preferred against the order of the High Court rejecting the prayer of the Appellants for compounding the offence under Secti.....
Tags : Offence, Compounding of, Grant
SEBI's consent cannot be mandatory before SAT or the Court before which the proceeding is pending, for compounding of offence under Section 24A of SEBI Act(23.07.2021)
The Appellant is being prosecuted for an offence under Section 24(1) of the Securities and Exchange Board of India Act, 1992 ("SEBI Act"). The Appella.....
Tags : Offence, Compounding, Denial
Economic offences are required to be dealt with strictly especially in the matters relating to grant of bail(19.10.2020)
In present matter, the J&K State Co-operative Bank Ltd. (JKSCBL) sanctioned a loan in the amount of Rs. 250 crores without obtaining field report, bal.....
Tags : Economic offence, Bail, Rejection
Separate prosecution for offence under Customs Act for smuggling of gold and offence under Section 16 of UAPA maintainable(01.02.2021)
The petitioners have filed this petition under Section 483 of Criminal Procedure Code, 1973 (Cr.P.C.) for quashing of FIR filed under Section 16 of Un.....
Tags : Bail Application, Nature of offence
Tribunal has jurisdiction to compound the offence where alternative punishment of fine is prescribed in place of imprisonment and where no case is pending before the Special Court(29.08.2017)
Present appeal is filed against impugned order passed by the National Company Law Tribunal. The Appellants failed to file its Annual Return for the fi.....
Tags : Offence, Compounding of, Jurisdiction
Discretion to grant or deny pre-arrest bail cannot be exercised de hors the gravity of offence(20.08.2019)
In first application, Petitioner seeks pre-arrest bail in FIR registered under Section 120B read with Section 420 of Indian Penal Code, 1860 (IPC) and.....
Tags : Pre-arrest bail, Grant, Offence, Seriousness
Mere presence of a knife on Appellant cannot impute pre-meditation on his part(23.12.2017)
The Appellant has impugned the judgment and the order on sentence passed by learned Additional Sessions Judge, whereby he has been convicted for commi.....
Tags : Conviction, Legality, Offence, Nature
News
Central Government Lowers Employee, Employer’s EPF Outgo(14.05.2020)
Central Government has lowered the statutory contribution by both employee and employer to the Employees’ Provident Fund (EPF) to 10% each of the empl.....
Tags : Central Government, Attacks on Doctors Non-Bailable Offence
Delhi HC: Survivors of Sexual Offences Must Have a Say in Bail Pleas of Accused(18.05.2020)
Delhi High Court has stated that the survivor of sexual offences have an obligatory say in the hearing of bail pleas of accused.
Tags : Delhi High Court, Survivors of Sexual Offences
Sexual Offences Against Children Involve Moral Turpitude & Delinquency: Bombay High Court(28.06.2018)
Bombay High Court has observed that offences committed against children involves moral turpitude or moral delinquency and requires exemplary treatment.....
Tags : Bombay High Court, Sexual Offences
Sexual Offences Against Children Involve Moral Turpitude & Delinquency: Bombay High Court(28.06.2018)
Bombay High Court has observed that offences committed against children involves moral turpitude or moral delinquency and requires exemplary treatment.....
Tags : Bombay High Court, Sexual Offences
Central Government Introduces Ordinance Making Attacks on Doctors Non-Bailable Offence(22.04.2020)
Central Government has decided to introduce an Ordinance to amend the Epidemic Diseases Act, 1897 to make attacks on doctors and healthcare workers a .....
Tags : Central Government, Attacks on Doctors Non-Bailable Offence
Bombay HC to EOW: Investigate Builder Who Sold Redevelopment Flats Of Allottees(26.09.2016)
Bombay HC has directed Economic Offences Wing (EOW) of Mumbai Police to investigate a case they registered against developer Shekhar Dadarkar on Sep. .....
Tags : Bombay HC, Economic Offences Wing
Delhi High Court Seta Outs Ingredients of Carnal Intercourse Under Section 377 IPC(21.12.2021)
Delhi High Court has observed that any physical act committed upon a minor is per-se carnal intercourse against the order of nature appearing in secti.....
Tags : Delhi High Court, Unnatural Sexual Offence
Bombay HC: Mere Refusal to Marry After Sexual Relations Not Offence of Cheating(24.12.2021)
Bombay High Court has held that mere refusal to marry a woman after a long relationship would not constitute the offence of cheating under section 417.....
Tags : Bombay High Court, Offence of Cheating
Delhi HC Upholds Jail Term of Two Men Who Raped a Minor(24.10.2016)
Delhi High Court, while taking a serious view of sexual offences against children, has upheld the jail term of two men who raped a minor girl.
Tags : Delhi High Court, sexual offences, Minor
Bombay HC Slams Commissioner of Police for Transferring Case on Accused’s Request(07.11.2016)
Bombay High Court has restrained Economic Offences Wing (EOW) of Mumbai police from carrying out any investigation into alleged forgery and fabricatio.....
Tags : Bombay High Court, Economic Offences
Madras High Court Grants Bail to Godman Siva Shankar Baba in POCSO Case(21.04.2022)
Madras High Court has granted bail to CN Siva Sankaran, self styled godman (commonly known as Siva Sankar Baba) accused under the Protection of Childr.....
Tags : Madras High Court, CN Siva Sankaran, godman, Siva Sankar Baba, Protection of Children from Sexual Offences, 2012
Gujarat HC: Not Mandatory to Hear Victim While Granting Bail in a Bailable Offence(28.08.2020)
Gujarat High Court has held that Courts need not hear the complainant/victim during bail hearings for bailable offences under the Scheduled Castes and.....
Tags : Gujarat High Court, Bailable Offence
Meghalaya HC: Act of Holding Hands Of Child Can’t be Considered As Sexual Assault Under POCSO Act(30.05.2022)
Meghalaya High Court has ruled that the act of holding the hands of a child and saying that her hands are beautiful cannot be considered an act of sex.....
Tags : Meghalaya High Court, Protection of Children from Sexual Offences, 2012, sexual assault
Delhi HC: Undertrials Accused of Economic Offences Not Eligible for Interim Bail(11.08.2020)
Delhi High Court has refused to quash decision of the High Powered Committee constituted to decongest the prisons whereby under trial prisoners accuse.....
Tags : Delhi High Court, Undertrials Accused of Economic Offences
Bombay HC: All NDPS Offences are Non-Bailable, Regardless of Contraband Quantity(08.10.2020)
Bombay High Court has held that all offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, are non-bailable.
Tags : Bombay High Court, NDPS Offences
Karnataka HC: Merely Inciting Feelings of One Community Cannot Attract Offence of Section 153A IPC(12.10.2020)
Karnataka High Court has quashed a First Information Report under Section 153A of the Indian Penal Code, 1860 observing that "merely inciting the feel.....
Tags : Karnataka High Court, Offence of Section 153A IPC
SC: All UAPA Offences are Exclusively Triable by 'Special Courts'(13.10.2020)
Supreme Court has observed that all offences under the Unlawful Activities (Prevention) Act, 1967 (UAPA), whether investigated by the National Investi.....
Tags : Supreme Court, UAPA Offences
SC: All UAPA Offences are Exclusively Triable by 'Special Courts'(13.10.2020)
Supreme Court has observed that all offences under the Unlawful Activities (Prevention) Act, 1967 (UAPA), whether investigated by the National Investi.....
Tags : Supreme Court, UAPA Offences
Chhattisgarh HC: No FIR Can be Registered for Offence Under Section 188 of IPC(14.10.2020)
Chhattisgarh High Court has held that the police cannot register a First Information Report for the offence under Section 188 of the Indian Penal Code.....
Tags : Chhattisgarh High Court, FIR for Offence u/s 188 IPC
SC Slams Centre for Failure to Check Cyber Crimes Against Women(22.11.2016)
Supreme Court has slammed Centre for not being “serious” in dealing with increasing number of cyber crimes related to sexual offences against women.
Tags : Supreme Court, cyber crimes, sexual offences, women
Allahabad HC: No Rule to Deny Bail in Case of Grave Economic Offence(02.09.2022)
Allahabad High Court while granting bail to Kanpur based businessman in case for allegedly stashing cash amounting to Rs. 196.57 Crores, has held that.....
Tags : Allahabad High Court, Economic Offence, Bail
Delhi HC: Convict Under POCSO Act Not Barred From Seeking Parole(09.05.2022)
Delhi High Court has reiterated that a convict under the Protection of Children from Sexual Offences Act, 2012 is not barred from seeking parole, as d.....
Tags : Delhi High Court, Protection of Children from Sexual Offences Act, 2012, Competent Authority, parole
Supreme Court Seeks Centre’s Opinion over Conflict Between POSCO, IPC(06.01.2017)
Supreme Court has asked Central Government to examine need to amend a colonial-era provision in IPC that provides immunity to a man from being prosecu.....
Tags : Supreme Court, Indian Penal Code, Protection of Children of Sexual Offences, Rape
Bombay HC: Not Necessary to Refuse Bail in Every Case of Economic Offence(22.08.2022)
Bombay High Court has held that bail can’t be refused to accused merely because offence is in nature of economic offence. Court also stated that while.....
Tags : Bombay High Court, Bail, Economic Offences
Delhi HC: Protect Identity of Minors Subjected to Sexual Offences(13.12.2016)
Delhi High Court has said that identity of minors subjected to sexual offences should not be disclosed anywhere in judicial record.
Tags : Delhi High Court, sexual offences, minors
SC: Magistrate Can Order Registration of FIR for Offences Under Mines And Minerals Act(04.12.2020)
Supreme Court has observed that the bar under Section 22 of the Mines & Minerals (Development & Regulation) Act, 1957 (MMDR Act) is not attracted when.....
Tags : Supreme Court, Registration of FIR for Offences Under Mines And Minerals Act
HP HC: S.320 CrPC Not Bar to Power for Quashing Non-Compoundable Offences In Appropriate Cases(08.08.2022)
Himachal Pradesh High Court has held that if for the purpose of securing the ends of justice quashing of FIR is necessary, then Section 320 of Code of.....
Tags : Himachal Pradesh High Court, Non-Compoundable Offences, Quashing
Mumbai Court: No PMLA Case Without Scheduled Offence(10.08.2022)
Mumbai Special Court while referring to Supreme Court ruling on Prevention of Money Laundering Act (PMLA), has ordered the interim release of two accu.....
Tags : Mumbai Court, PMLA, Scheduled Offence
Bombay High Court Says No to Interrogation At Night For Petty Offence(10.03.2017)
Bombay High Court has suggested that police should as far as possible not interrogate accused charged with petty offences at night.
Tags : Bombay High Court, Petty Offence, Interrogation
Delhi HC: Court Cannot Permit Quashing of FIR Relates to Heinous Offences Against Children(01.02.2021)
Delhi High Court has held that the Court cannot permit quashing of First Information Report merely on the ground that the parties have entered into a .....
Tags : Delhi High Court, Heinous Offences Against Children
SC: Undue Sympathy for Accused While Sentencing May Affect People's Faith in Efficacy of Law(09.09.2022)
Supreme Court has held that gravity of crime is the prime consideration for deciding what should be the appropriate punishment in a criminal case and .....
Tags : Supreme Court, Sentencing, Gravity of Offence
SC Refuses to Entertain PIL Seeking to Examine Link Between Pornography & Sexual Crimes(13.09.2022)
Supreme Court has refused to entertain a petition seeking to formulate a Standard Operating Procedure (SOP) by the police to examine the impact of vie.....
Tags : Supreme Court, Pornographic Material, Sexual Offence
Delhi HC Uphelds Validity of notif. for Compounding Offences Before Prosecution Under FCRA(16.09.2022)
Delhi High Court has upheld the validity of Ministry of Home Affairs' notification dated April 26, 2013 specifying the officers competent for compound.....
Tags : Delhi High Court, FCRA, Compounding Offence
MP HC Issues Directions for Registration of FIRs in Respect of Economic Offences(14.01.2021)
Madhya Pradesh High Court has issued directions to the Police authorities in the State, to make sure that the complaints/ first information reports fi.....
Tags : Madhya Pradesh High Court, FIRs in Economic Offences
Kerala HC: Accused to be Subjected to Breath Analyser Test to Attract Offence of Drunk Driving(15.01.2021)
Kerala High Court has held that in order to attract the offence of drunken driving under Section 185(a) of the Motor Vehicles Act, 1988, the accused s.....
Tags : Kerala High Court, Offence of Drunk Driving
Kerala HC: Courts Must be Sensitive Towards Victim But Shouldn’t Accept Allegation as Gospel Truth(26.07.2022)
Kerala High Court has held that in matters of alleged sexual offences, especially against minor victims, the courts must be sensitive to the plight of.....
Tags : Kerala High Court, Sexual offence, Minor, Gospel Truth
Chhattisgarh HC: Economic Offences Are Serious Threat to Financial Health of Country(26.07.2022)
Chhattisgarh High Court while denying a bail application from applicant, who allegedly obtained fraudulent input tax credit, has held that the economi.....
Tags : Chhattisgarh High Court, Economic Offences, Financial Health
Kerala HC: Cruelty & Abetment to Suicide Are Independent Offences, Guilty in One Doesn’t Imply Other(04.08.2022)
Kerala High Court has held that merely because an accused has been held liable to be punished under Section 498A of Indian Penal Code, it does not fol.....
Tags : Kerala High Court, Cruelty, Abetment of Suicide, Independent Offence
SC: Mere Possession of Currency Notes Not Sufficient to Constitute Offence u/s 7 of PCA(04.02.2021)
Supreme Court has observed that mere possession or recovery of currency notes is not sufficient to constitute an offence under Section 7 of the Preven.....
Tags : Supreme Court, Bribe, Offence u/s 7 of Prevention of Corruption Act
SC: Grant of Leave for Compounding Offences at Appellate Stage is not Automatic on Settlement(12.02.2021)
Supreme Court has observed that grant of leave as contemplated by Section 320(5) of the Code of Criminal Procedure, 1973 is not automatic nor it has t.....
Tags : SC, Compounding Offences
Cal. HC: Quashing Regular Case of Scheduled Offence Will Quash Subsequent Case Under PMLA(01.12.2022)
Calcutta High Court has held that once a regular case of scheduled offence is quashed, any subsequent case registered under Prevention of Money Launde.....
Tags : Calcutta High Court, PMLA, Scheduled Offence
Delhi HC: Witness Not to be Re-Summoned in Sexual Offence Case if Cross Exam. Conducted Extensively(22.09.2022)
Delhi High Court while observing that right to fair trial is a constitutional goal and a fundamental right of every individual, has held that where cr.....
Tags : Delhi High Court, Sexual Offence, Summon, Witness
Supreme Court Upholds Bihar Notification Authorizing Officers Below DySP Rank to Probe SC/ST Offences(19.04.2017)
SC has upheld a notification issued by Bihar Government authorizing all officers of rank of police inspector, sub-inspector of police and assistant su.....
Tags : Supreme Court, SC/ST Offences
Patna High Court: Gazette Notification Not Sine Qua Non For Setting Up EOPS(16.03.2017)
Patna High Court has held that there is no requirement in law that an ‘Economic Offence Police Station’ (EOPS) can only be created by a Gazette Notifi.....
Tags : Patna High Court, Economic Offence Police Station
J&K&L HC: Investigating Agency of State Government Can Probe Scheduled UAPA Offences(21.12.2022)
Jammu and Kashmir and Ladakh High Court recently has held that provisions of National Investigation Act do not prohibit investigation of Scheduled off.....
Tags : Jammu and Kashmir and Ladakh High Court, Investigating Agency, UAPA, Scheduled Offences
Madras HC: Economic Offences Wing in State Police Needs to be Beefed Up with Appropriate Personnel(31.03.2021)
Madras High Court while hearing a plea filed in connection with the alleged embezzlement of funds by the trustees of Franklin Templeton Asset Manageme.....
Tags : Madras HC, Economic Offences Wing
SC: Default Bail Can be Cancelled Based on Reasons Made Out in Chargesheet(17.01.2023)
Supreme Court has held that if special reasons are made out from the chargesheet and the chargesheet reveals commission of non-bailable crime, default.....
Tags : Supreme Court, Default Bail, Non-Bailable Offence, Chargesheet
Bombay HC: Non-IPC Offences Punishable Up to 3 Years are Cognizable and Non-Bailable(08.03.2021)
Bombay High Court has reiterated that non-Indian Penal Code, 1860 offences punishable with "up to three years" will be categorised as cognizable and n.....
Tags : Bombay High Court, Non-IPC Offences
Ker HC: Investigation Into Non-Cognizable Offence w/o Magistrate’s Order Renders Entire Probe Faulty(08.12.2022)
Kerala High Court has held that Section 155(2) of CrPC prohibits commencement of an investigation by police without orders from Magistrate in cases wh.....
Tags : Kerala High Court, Non-Cognizable Offence, Investigation
Supreme Court: Web Majors Objecting to Panel Recommendations Strange(19.09.2017)
Supreme Court has said it was “very strange” that internet majors were objecting to making public certain recommendations in a report of a panel set u.....
Tags : Supreme Court, sexual offences
Supreme Court Issues Notice on Plea to Protect Identity of Accused in Sexual Offences(30.07.2019)
Supreme Court has issued notice on a plea seeking protection of identity, reputation and integrity of individuals accused of sexual crimes till comple.....
Tags : Supreme Court, Sexual Offences
Lok Sabha Passes Protection of Children from Sexual Offences (Amendment) Bill, 2019(02.08.2019)
Lok Sabha has passed the Protection of Children from Sexual Offences (Amendment) Bill, 2019. The Bill, which has already been passed in Rajya Sabha, d.....
Tags : Lok Sabha, Protection of Children from Sexual Offences (Amendment) Bill, 2019
Supreme Court Says 'No' to Common Trial For Distinct Offences(09.05.2017)
Supreme Court has said that a general conspiracy which gives birth to a cascade of distinct offences committed in various places spread over several y.....
Tags : Supreme Court, distinct offences
SC: If Serious Offences are Subsequently Added in FIR, Bail Can be Cancelled(20.03.2023)
Supreme Court while setting aside bail in a Casting Couch case has held that if serious offence are added in FIR, Court can direct that accused be arr.....
Tags : Supreme Court, FIR, Serious Offences, Bail
Delhi High Court: Offenders of Sexual Offences on Innocent Children are Psychosocial Deviants(13.06.2019)
Delhi High Court has noted that offenders of sexual offences on innocent children are psychosocial deviants, who cannot lay any claim to leniency. Mak.....
Tags : Delhi High Court, Sexual Offences, Children
CBDT Issues New Norms for Compounding of Offences(17.06.2019)
Central Board of Direct Taxes (CBDT) has issued new norms for compounding of offences under black money law. These will replace the old Guidelines. Th.....
Tags : CBDT, Compounding of offences
Kerala HC: Offence of Assaulting Public Servant Will Not Attract Because Officer is in Uniform(06.05.2021)
Kerala High Court has allowed a bail petition, observing that simply because a police officer was in uniform, the offence of assaulting a public serva.....
Tags : Kerala High Court, Offence of Assaulting Public Servant
Del. HC to DSLSA: Provide Status Report on Payment of Compensation to Victims of Sexual Offences(10.04.2023)
Delhi High Court has sought a status report from Delhi State Legal Services Authority (DSLSA) on the payment of compensation to victims of sexual offe.....
Tags : Delhi High Court, DSLSA, Sexual Offences, Compensation
Delhi HC to Registry: Ensure Confidentiality of Sexual Offences Victims(20.04.2023)
Delhi High Court while directing Registry to ensure anonymity and confidentiality of victim of sexual offences is strictly maintained in filings, has .....
Tags : Delhi High Court, Confidentiality, Sexual Offences Victims
SC: Accused Not Entitled to Bail in PMLA Case Merely Because Chargesheet Filed for Predicate Offence(15.05.2023)
Supreme Court while setting aside bail granted to accused in PMLA Case, has held that merely because, for predicated offences chargesheet might have b.....
Tags : Supreme Court, Money Laundering Case, PMLA, Predicate Offence
Bombay HC Constantly Following or Watching Child With Bad Intention Is Offence Under POCSO Act(04.10.2017)
Bombay HC has ruled that if a person with sexual intent repeatedly or constantly follows or watches or contacts a child either directly or through oth.....
Tags : Bombay HC , Protection of Children from Sexual Offences (POCSO) Act
Delhi HC: Cognizance of Section 138 NI Act Offence Will Not Automatically Result in Decree(04.08.2021)
Delhi High Court has held that if the Metropolitan Magistrate takes cognizance of an offense under Section 138 of the Negotiable Instrument Act, 1881,.....
Tags : Delhi High Court, Offence under Section 138 NI Act
SC: Trial of Criminal Case Against Indian Citizen for Offences Outside India Needs Government Sanctio(05.08.2021)
Supreme Court has observed that the trial of the criminal case against an Indian citizen for offences committed outside India cannot commence without .....
Tags : Supreme Court, Trial of Criminal Case Against Indian Citizen for Offences Outside India
Kar. HC: SHO Can Seek Magistrate's Permission to Investigate Non-Cognizable Offence(21.06.2023)
Karnataka High Court while observing that it is not necessary for the informant alone to approach Magistrate with requisition seeking permission under.....
Tags : Karnataka High Court, Non-Cognizable Offence, Permission, Magistrate
SC: Merely Proving Kidnapping Not Sufficient for Conviction for Offence of Kidnapping for Ransom(29.06.2021)
Supreme Court has held that merely proving the kidnap of a person is not sufficient for conviction for the offence of 'kidnapping for ransom' under Se.....
Tags : Supreme Court, Offence of Kidnapping for Ransom
Supreme Court: No Compromise Between Parties in Non-Compoundable Offences(24.07.2019)
Supreme Court has held that no permission can be granted to record the compromise between the parties in non-compoundable offences. The Court noted th.....
Tags : Supreme Court, Non-Compoundable Offences
Rajya Sabha Passes Protection of Children from Sexual Offences (Amendment) Bill, 2019(25.07.2019)
Rajya Sabha has passed Protection of Children from Sexual Offences (Amendment) Bill, 2019 entailing amendments to the Protection of Children from Sexu.....
Tags : Rajya Sabha, Protection of Children from Sexual Offences (Amendment) Bill, 2019
SC: Name of Victim in Sexual Offences Shall Not Be Mentioned in Any Proceedings(02.07.2021)
Supreme Court has taken strong objections to a Sessions Court Judgment where the names of rape victim are mentioned. The Court has held that all the s.....
Tags : Supreme Court, Name of Victim in Sexual Offences
Chhattisgarh HC Issues Practice Directions to Magistrates Trying Offences Under NI Act(05.07.2021)
Chhattisgarh High Court has issued practice directions to Magistrates and Trial Courts having jurisdiction to try offences under the Negotiable Instru.....
Tags : Chhattisgarh High Court, Practice Directions to Magistrates Trying Offences Under NI Act
Supreme Court: Investigation in IPC Offences Cannot Be Quashed for Non-investigation of SC-ST Offence(20.01.2020)
Supreme Court has observed that when the offence complained are both under Indian Penal Code, 1860 and Scheduled Castes and Scheduled Tribes (Preventi.....
Tags : Supreme Court, Investigation of SC- ST Offences
Delhi High Court: “Economic Offences Need To Be Treated With Heavy Hand”(18.09.2017)
Delhi High Court has held that economic offences need to be dealt with a heavy hand and releasing such accused on bail will affect the community at la.....
Tags : Delhi High Court, Economic Offences
Allahabad HC: Accused Must Apply for Bail in All Offences he is Wanted(23.05.2023)
Allahabad High Court has held that no person can be permitted to apply for bail in part, that too firstly getting bail u/s 437 CrPC and later on takin.....
Tags : Allahabad High Court, Bail, Offences, CrPC
Ker. HC Lays Down Principles for Compounding Sexual offences Upon Compromise With Accused(26.05.2023)
Kerala High Court has laid down broad principles to be considered while hearing pleas to quash criminal proceedings involving non-compoundable sexual .....
Tags : Kerala High Court, Sexual offences, Compounding, Compromise
SC: Court Must Consider Gravity of Offence and Its Impact on Society Before Granting Bail(10.07.2023)
Supreme Court has held that while the relief of anticipatory bail is a crucial tool to prevent misuse of power of arrest and protects innocent individ.....
Tags : Supreme Court, Bail, Offence
Delhi HC: No Arrest of Accused in Cognizable Offence Where Sentence is Beyond 7 Years(03.11.2017)
Delhi High Court has clarified that an investigation agency is not obliged to arrest any accused in a cognizable offence where the sentence is beyond .....
Tags : Delhi High Court, Cognizable Offence
Allahabad HC: Proviso on Recording of Sexual Offence Victim’s Statement Not Being Followed(16.08.2021)
Allahabad High Court has observed that in majority of cases, 1st and 2nd proviso to Section 161 (3) of the Code of Criminal Procedure, 1973, which man.....
Tags : Allahabad High Court, Proviso on Recording of Sexual Offence Victim’s Statement
Del. HC: Session Triable Serious Criminal Cases Can’t be Subject Matter of Mediated Agreements(22.08.2023)
Delhi High Court while observing that Session triable serious criminal cases which attracts punishment up to life, cannot be subject matter of mediate.....
Tags : Delhi High Court, Mediation, Serious Offences
Supreme Court: Road Traffic Offences can be Prosecuted both under IPC and MV Act(09.10.2019)
Supreme Court has ruled that road traffic offences can be prosecuted under the Motor Vehicles Act, 1988 (MV Act) as well as the Indian Penal Code, 186.....
Tags : Supreme Court, Traffic Offences
Delhi High Court: Jilting One’s Lover Despite Sexual Relationship Does not Constitute Offence(11.10.2019)
Delhi High Court has observed that jilting a lover despite sexual relationship, however abhorrent it may seem, is not an offence. The Court further sa.....
Tags : Delhi High Court, Offence
Delhi HC: Severity of Allegations Can’t be Justification for Pre-Trial Incarceration(21.07.2023)
Delhi High Court has observed that even though economic offences are serious in nature and the allegations if proved at the trial, must be met with re.....
Tags : Delhi High Court, Pre-Trial Incarceration, Economic Offence
SC: Plea Bargaining Should Also Include Offence Bargaining and Not Just Sentence Bargaining(26.07.2023)
Supreme Court while observing that India has only incorporated sentence bargaining and not offence bargaining, has stated that such selective incorpor.....
Tags : Supreme Court, Plea Bargaining, Sentence Bargaining, Offence Bargaining
Del. HC: Issuing Fake Invoices for GST Evasion is an Economic Offence(07.09.2023)
Delhi High Court has observed that issuing fake invoices and e-way bills for the purposes of GST evasion is an economic offence involving loss to the .....
Tags : Delhi High Court, GST Evasion, Fake Invoices, Economic Offence
SC: State Must Provide for Counselling for Child Victims of Sexual Offences(12.10.2023)
Supreme Court has suggested that whenever a child is subjected to sexual assault, the State or the Legal Services Authorities should ensure that the c.....
Tags : Supreme Court, Sexual Offences, Child Victims, Counselling
SC: Offences Under Special Statutes Can Also Be Quashed By Exercising Powers u/s 482 CrPC(26.10.2021)
Supreme Court has observed that criminal proceedings arising out of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act), 1989 can.....
Tags : Supreme Court, Offences Under Special Statutes
Delhi HC: Economic Offences Corrodes Fabric of Democracy and Against National Interest of Country(27.10.2021)
Delhi High Court has observed that economic offences corrode the fabric of democracy and are against the national economy and national interest of the.....
Tags : Delhi High Court, Economic Offences
Delhi HC Orders Rs 3 Lakh Compensation to Boy Sexually Assaulted in School(25.07.2016)
Delhi HC has awarded Rs 3 lakh as compensation to a minor boy who was sexually assaulted in school by 3 senior students in 2013, observing that provis.....
Tags : Delhi HC, Protection of Children from Sexual Offences (POCSO) Act
Kerala HC Orders Release of UT Prisoners Charged with Offences Punishable Upto 7 Years(31.03.2020)
Kerala High Court has extended the subsistence of all the interim orders passed by it and the subordinate Courts till 18th May, 2020. The Court has al.....
Tags : Kerala HC, Offences
Del. HC: Magistrates Taking Cognizance of Offences Can’t be a Routine Exercise(21.09.2023)
Delhi High Court while observing that if there is an order of magistrate taking cognizance of offence then the same would be perfunctory and not refle.....
Tags : Delhi High Court, Cognizance, Offence, Magistrate
Gujarat HC: To Compound Tax Evasion Offences, Assessee Should Pay Whole Tax Amount Evaded(31.01.2020)
Gujarat High Court has held that 100% of the tax sought to be evaded is to be paid for compounding of a tax evasion offences under Section 276C (1) of.....
Tags : Gujarat High Court, Compounding of Tax Evasion Offence
SC: PMLA Can’t be Invoked if Criminal Conspiracy u/s 120B IPC Not Linked With Scheduled Offence(29.11.2023)
Supreme Court has held that an offence punishable under Section 120-B IPC will become a scheduled offence under PMLA only if the conspiracy alleged is.....
Tags : Supreme Court, PMLA, Scheduled Offence, Conspiracy
SC Clarifies: Not Necessary that Person Accused Under S.3 of PMLA be Accused in Scheduled Offence(30.11.2023)
Supreme Court has clarified that it is not necessary that a person against whom the offence under Section 3 of the PMLA is alleged must also be shown .....
Tags : Supreme Court, PMLA, Scheduled Offence
Bom. HC: Trial Court can Compound Offence u/s 138 NI Act at Initial Stage w/o Consent of Complainant(01.12.2023)
Bombay High Court has held that when the application for compounding offences u/s 138 of the NI Act is made at the initial stage of the case and if th.....
Tags : Bombay High Court, Compounding Offences, Negotiable Instruments, Consent
Gujarat HC: Solitary Offence Under Prohibition Act No Ground for Preventive Detention Under PASA(26.08.2021)
Gujarat High Court has held that just because a solitary offence has been registered against the appellant-detenu under the Gujarat Prohibition Act, 1.....
Tags : Gujarat High Court, Solitary Offence Under Prohibition Act
All. HC: Prelim. Inquiry can be Ordered if Appln u/s 156(3) CrPC Doesn’t Disclose Cognizable Offence(09.11.2023)
Allahabad High Court has held that if the application u/S 156(3) Cr.P.C, filed before Magistrate, in the considered opinion of the Magistrate, doesn’t.....
Tags : Allahabad High Court, Cognizable Offence, Preliminary Inquiry, Magistrate
Delhi HC: Merely Because Complainant Married to Accused Does Not Entail Quashing of Rape, POCSO FIR(10.11.2023)
Delhi High Court has observed that merely because the complainant married the accused does not entail quashing of an FIR registered against him for th.....
Tags : Delhi High Court, Protection of Children from Sexual Offences Act, 2012
All. HC: Husband Not Liable for Marital Rape if Wife is 18 Years or Above(11.12.2023)
Allahabad High Court while observing that husband is protected under law from the offence of marital rape in cases where the age of wife is 18 years o.....
Tags : Allahabad High Court, Marital Rape, Unnatural Offence
Allahabad HC: Criminal Intimidation Is Cognizable Offence In Uttar Pradesh(10.01.2022)
Allahabad High Court observed that an offence of Criminal Intimidation Punishable under Section 506 IPC, if committed in the State of Uttar Pradesh wi.....
Tags : Allahabad High Court, Cognizable Offence, Criminal Intimidation
P&H HC Grants Bail to Man Accused of Offence Prima Facie Less Serious Than Co-Accused(19.01.2022)
Punjab and Haryana High Court has granted bail to a man who was accused in an offence less serious than that of the co-accused who have been granted t.....
Tags : Punjab and Haryana High Court, Bail to Man Accused of Offence
SC: Mere Quarrel on Day of Occurrence Does Not Attract Offence of Abetment of Suicide U/s 306 IPC(15.09.2021)
Supreme Court has observed that mere quarrel on the day of occurrence cannot attract the offence of abetment of suicide under section 306 of the India.....
Tags : Supreme Court, Offence of Abetment of Suicide U/s 306 IPC
Bombay HC: Offence of Abetment by Instigation Would Depend on Intention of Accused(17.09.2021)
Bombay High Court has held that the offence of abetment by instigation would depend on the intention of the accused and not the victim's actions.
Tags : Bombay High Court, Offence of Abetment by Instigation
Delhi High Court Refuses to Quash FIR For Offence of Attempt to Murder(22.09.2021)
Delhi High Court has refused to quash an FIR registered for an offence under 307 and 34 of the Indian Penal Code 1860, observing that an offence of At.....
Tags : Delhi High Court, FIR For Offence of Attempt to Murder
SC: Special Court Can Conduct Joint Trial of MMDR Offences With IPC Offences(02.12.2021)
Supreme Court has held that a Special Court under the Mines and Minerals (Development and Regulation) Act, 1957 can conduct joint trial of the offence.....
Tags : Supreme Court, Joint Trial of MMDR Offences
Ori HC: No Bar Against Anticipatory Bail in cases under SC/ST Act if No Prima Facie Offence Made Out(29.01.2024)
Orissa High Court has held that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Trib.....
Tags : Orissa High Court, Anticipatory Bail, SC/ST Act, Prima Facie Offence
Mad. HC: Magistrate Court Competent to Take Cognizance of Offence under MMDR Act(31.01.2024)
Madras High Court has observed that the Magistrate Court is competent to initiate confiscation proceedings and issue directions for disposal of seized.....
Tags : Madras High Court, Competent Court, Cognizance of Offence, MMDR Act
Madras HC's Observation on Victims’ Right to Prefer Appeals(06.05.2016)
Madras HC has held that a victim of a criminal offence would not cease to fall under definition of term ‘victim’ and lose his right to prefer appeal b.....
Tags : Madras HC, criminal offence
CBDT Extends Deadline for Compounding of Income Tax Offences(06.01.2020)
Central Board of Direct Taxes has extended the last date for taxpayers to avail a “one- time” facility to apply for compounding of income tax offences.....
Tags : CBDT, Income Tax Offences
Karnataka HC: In Case of Heinous Offence of Rape, Proceedings Cannot be Quashed(25.11.2021)
Karnataka High Court has held that in a case of heinous offence of rape, even if the parties have settled the dispute, the same cannot be accepted and.....
Tags : Karnataka High Court, Heinous Offence of Rape
Supreme Court: Central Government May Accord Sanction Even After Cognizance of Offence(09.03.2020)
Supreme Court has held that the Central Government may accord sanction under the proviso to Section 188 of Code of Criminal Procedure, 1973 even after.....
Tags : Supreme Court, Cognizance of Offence
Delhi HC: Offence of Money Laundering is Layered and Multi-Fold Including Stages of Offence(18.02.2022)
Delhi High Court has held that the offence of money laundering under the Prevention of Money Laundering Act, 2002 is layered and multi-fold which incl.....
Tags : Delhi High Court, Offence of Money Laundering
Ker HC: Challenge to Protocol Mandating Sexual Offence Survivor to be Examined Only by Gynae. Dism.(19.03.2024)
Kerala High Court has dismissed the petition that challenged Clause 6 of the Kerala Medico-legal Protocol for Examination of Survivor of Sexual Offenc.....
Tags : Kerala High Court, Sexual Offence Survivor, Gynaecologists
Delhi High Court: Matching of DNA Samples Not Needed to Prove Sexual Offence(03.05.2018)
Delhi High Court has said that the matching of DNA samples cannot necessarily be a ground to prove sexual offence.
Tags : Delhi High Court, Sexual Offence
CESTAT, Mumbai: Application for Compounding of Offence Can Not be Rejected on Technical Grounds(20.02.2020)
Custom, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai has held that the purpose of compounding of offence against the payment of compoundin.....
Tags : Customs Excise and Service Tax Appellate Tribunal, Application for Compounding of Offence
Supreme Court Rejects Plea to Make Electoral Offences Cognisable(28.08.2018)
Supreme Court has dismissed a plea that sought a minimum punishment of two years for electoral offences, including bribery, false statement, undue inf.....
Tags : Supreme Court, Electoral Offences
Gujarat HC: Every Offence Under Negotiable Instruments Act Is Compoundable(02.02.2022)
Gujarat High Court has held that when parties have settled the dispute amicably, the compounding of the offence is permitted with regard to an offence.....
Tags : Gujarat High Court, Compoundable Offences
Calcutta HC: Grounds that Accused Did Not Commit Offence Must be More Than Prima Facie Grounds(04.02.2022)
Calcutta High Court has opined that reasonable grounds to believe that the accused has not committed an offence must be more than mere prima facie gro.....
Tags : Calcutta High Court, Grounds that Accused Did Not Commit Offence
SC: Section 34 IPC Not Applicable When Outcome is Remote, Unconnected with Common Intention(28.02.2022)
Supreme Court observed that Section 34 of the Indian Penal Code, 1860 does not attract when the final outcome or offence committed is distinctly remot.....
Tags : Supreme Court, Offence u/s 34 IPC
SC Sets Aside Conviction of Person for Offence of Murder on Lack of Proper Evidence(02.03.2022)
Supreme Court has set aside the conviction of a person for the offence of murder, after noting that the only evidence which linked him to the offence .....
Tags : Supreme Court, Conviction of Person for Offence of Murder
SC Sets Aside Conviction of Person for Offence of Murder on Lack of Proper Evidence(02.03.2022)
Supreme Court has set aside the conviction of a person for the offence of murder, after noting that the only evidence which linked him to the offence .....
Tags : Supreme Court, Conviction of Person for Offence of Murder