India: Criminal Law

“Commercial disputes being given a criminal colour” is a routine issue faced by criminal courts across the country, and the Hon’ble Supreme Court of India has also quashed several criminal complaints pertaining to commercial/civil claims for that reason. It is important to note that, in such criminal complaints, the usual allegations involve offences of cheating, criminal breach of trust, forgery, and the use of forged documents.

The Dentons Link Legal White Collar Crime & Investigations Newsletter examines recent enforcement actions, judicial developments, and regulatory updates shaping India's white collar crime landscape. This edition covers major cases involving the Enforcement Directorate and CBI, landmark Supreme Court rulings on PMLA procedures, and significant international enforcement developments including the Adani Group matter and UK's first DPA in five years.

Welcome to the latest edition of DSK Legal’s White-Collar Crime & Corporate Investigations Newsletter, where we analyze key legal developments shaping financial crime, regulatory enforcement, and corporate compliance.

The Enforcement Directorate's power to investigate money laundering cases hinges entirely on a fundamental legal concept: the predicate offence. Without a legitimately registered scheduled crime serving as the foundation, can the ED legally pursue a money laundering investigation? This analysis explores how the predicate offence acts as both an operational catalyst and a constitutional check on the ED's sweeping powers under the Prevention of Money Laundering Act, 2002.

DSK Legal's White-Collar Crime & Corporate Investigations Newsletter examines critical judicial pronouncements and evolving standards across India's Prevention of Corruption Act, Bharatiya Nagrik Suraksha Sanhita, Criminal Procedure Code, and Negotiable Instruments Act. This edition provides essential analysis for businesses and individuals navigating the complexities of financial crime, regulatory enforcement, and corporate compliance in an increasingly stringent legal landscape.

Section 105 of BNS renders every compliance manual immediately irrelevant. Device seizure signals a criminal investigation, not a regulatory inquiry. The Board’s paperwork does not address...

In a notable judgment dated May 29, 2026, a Division Bench of the Supreme Court of India comprising Hon’ble Justices BV Nagarathna and Ujjal Bhuyan in Vijay Kumar Kela & Anr. v. CBI & Anr. quashed criminal proceedings initiated by the Central Bureau of Investigation (“CBI”) against a borrower whose loan account dues had already been settled through a compromise approved by the Debt Recovery Tribunal (“DRT”).

The Punjab & Haryana High Court examines whether a single abusive expression in a workplace email constitutes sexual harassment under Section 354-A of the Indian Penal Code. This case explores the boundaries of workplace conduct and the legal threshold for criminal sexual harassment charges arising from electronic communications.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973, raising critical questions about whether the law on discharge and framing of charges has fundamentally changed. While the substantive principles remain largely continuous with established jurisprudence, the BNSS introduces important procedural timelines and electronic hearing provisions that courts and advocates must navigate carefully. This analysis examines the continuity of legal standards, the new proc