India: Crime

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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
Interplay Between Powers Of Attachment, Forfeiture And Retention Under BNSS And Special Statutes Analysis Of Section 107 BNSS Vis-A-Vis PMLA
The enactment of the Bharatiya Nagarik Suraksha Sanhita (“BNSS”) in 2023 signals a paradigm shift in India’s criminal procedural framework, aimed to enhance the efficiency, integrity, and responsiveness of the criminal justice system. Effective from 1 July 2024, the BNSS replaces the previously governing Code of Criminal Procedure (“CrPC”) of 1973. This new legislation introduces a range of reforms, including the integration of technology in trial processes, the provision for trial in absentia, zero FIR, and e-FIR, all aimed at streamlining the criminal justice procedures.
India Criminal
ML
MZM Legal
Article
Distinguishing 'Conscious Possession' From Mere Presence Under NDPS Act: A Shifting Judicial Approach
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is among the most stringent criminal statutes in India, aiming to curb the menace of drug trafficking and substance abuse. One of the most debated legal concepts under this Act is the idea of "possession" particularly the distinction between "conscious possession" and "mere presence" near narcotic substances.
India Healthcare
ML
MZM Legal
Article
Criminal Proceedings Cannot Continue After DRT-Approved Loan Settlement
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”).
India Criminal
SR
S.S. Rana & Co. Advocates
Article
Discharge And Framing Of Charge Under The Bharatiya Nagarik Suraksha Sanhita 2023: Reform Or Restatement?
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
India Criminal
KC
Kochhar & Co.
Article
Reconsidering Compromise And FIR Registration: A Doctrinal Analysis Of Mandatory FIR Registration Under The CrPC And BNSS
The relationship between compromise settlements and the mandatory registration of FIRs continues to generate significant debate within Indian criminal jurisprudence. A recurring question before courts is whether an attempted settlement between parties can dilute or postpone the statutory obligation of the police to register an FIR where information discloses the commission of a cognisable offence.
India Criminal
KS
King, Stubb & Kasiva
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