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Criminal law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights from the world of criminal law covering complex topics and rulings from specialists working in this sector.
Article
No Name? No Escape From Criminal Prosecution: Supreme Court Answers In Sanofi v CBI
The Supreme Court has held that criminal proceedings against a company cannot be quashed merely because no natural person acting for it has been identified or arraigned. Allegations must prima facie reveal that a natural person acted on behalf of the company and that the surrounding circumstances do not render the existence of the requisite mens rea patently absurd or inherently improbable.
India Criminal
TC
Tuli & Co
Article
ED Summons Under Section 50 Of The PMLA: Understanding Your Rights And Responsibilities
The Prevention of Money Laundering Act, 2002 grants the Enforcement Directorate sweeping powers under Section 50 to summon individuals, demand documents, and record statements under oath. Understanding the scope of these powers, the rights available to summoned persons, and the judicial safeguards established by landmark Supreme Court decisions is essential for anyone navigating ED investigations.
India Criminal
MC
MAHESHWARI & CO. Advocates & Legal Consultants
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Article
No Name? No Escape From Criminal Prosecution: Supreme Court Answers In Sanofi v CBI
The Supreme Court has held that criminal proceedings against a company cannot be quashed merely because no natural person acting for it has been identified or arraigned. Allegations must prima facie reveal that a natural person acted on behalf of the company and that the surrounding circumstances do not render the existence of the requisite mens rea patently absurd or inherently improbable.
India Criminal
TC
Tuli & Co
See more
Article
No Name? No Escape From Criminal Prosecution: Supreme Court Answers In Sanofi v CBI
The Supreme Court has held that criminal proceedings against a company cannot be quashed merely because no natural person acting for it has been identified or arraigned. Allegations must prima facie reveal that a natural person acted on behalf of the company and that the surrounding circumstances do not render the existence of the requisite mens rea patently absurd or inherently improbable.
India Criminal
TC
Tuli & Co
See more
Article
PMLA Proceedings Cannot Rest Solely On Statement Of Co-Accused Without Independent Material Linking Accused To Proceeds Of Crime: Calcutta High Court
The Calcutta High Court, in Louis Dreyfus Company India Private Limited v. Enforcement Directorate, Government of India, CRR 1145 of 2024, examined the circumstances in which a person against whom no case was made out in the scheduled offence could nevertheless be proceeded against under the Prevention of Money Laundering Act, 2002 (“PMLA”). The Court quashed the PMLA proceedings against Louis Dreyfus Company India Private Limited (“LDC”), principally finding that the material collected by the Enforcement Directorate (“ED”) did not establish the requisite connection between LDC and the alleged proceeds of crime.
India Government
VA
Vaish Associates Advocates
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