-Advait Sharma and Bhadra Anil “In a world coded without consequence, shadows become the currency and silence the law.” Introduction In any society where substantial transactions occur, be it in markets, industries, or the virtual world, in the absence of robust regulatory oversight, crime inevitably concurs to exploit the system or leverage it for greater … Continue reading Trading Shadows: Money Laundering & Insider Deals in the Metaverse’s Legal Void| The Criminal Law Blog
– Kush Taparia, Hanshita Sharma “The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” – Justice Louis D. Brandeis Introduction The recent ruling of the Supreme Court [“SC”] in Imran Pratapgadhi v. State of Gujarat [“Imran Pratapgadhi”] has once again brought into focus the ambiguity and uncertainty … Continue reading From Mandate to Discretion: How Imran Pratapgadhi Reconfigures the Understanding of FIR Juri...| The Criminal Law Blog
-Tanya Sara George Introduction As per a 2024 FATF report, most domestic money laundering operations are conducted through open sources and social media networks. Initially designed as neutral forums for communication under Section 2(w) of the IT Act of 2000, these platforms have evolved into dual-purpose entities, facilitating not just digital interactions but financial transactions. … Continue reading Digital Platforms and Dirty Money: Addressing Financial Non-Regulation within Social M...| The Criminal Law Blog
~ By Akshat Patria The Delhi High Court recently, in the case of Adnan Nisar v. Directorate of Enforcement, passed a significant verdict expanding the scope of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the PMLA) to the offences committed outside India. The Hon’ble High Court has clearly held that an … Continue reading Adnan Nisar v. Directorate of Enforcement: Highlighting the Cross-Border Implications of the PMLA| The Criminal Law Blog
-Mohamed Thahir Sulaiman INTRODUCTION In its recent judgment in Jalaluddin Khan v. Union of India, the Supreme Court has reemphasized the well-established principle that “bail is the rule, jail is the exception,” even in cases arising under special statutes like the Unlawful Activities (Prevention) A...| The Criminal Law Blog
– Insha Pani While the nation’s historic overhaul of the three major criminal laws captured national and international attention, another significant development is breathing its way quietly but powerfully is the introduction of the E-Sakshya Mobile application—part of a broader digital transformation within the criminal justice system. The E-Sakshya app, developed in consonance with Sections … Continue reading E-SAKSHYA APPLICATION: STREAMLINING JUSTICE WHILE ADDING LAYERS OF COMPLE...| The Criminal Law Blog
-Abhinav Somani Introduction Through this blog post, I aim to bring out what I call the ‘Inherent Inconsistency’ of the death penalty. Through this term, I am referring to how the death penalty is inconsistently administered owing to when the laws — judicial and legislative — surrounding its administration change. Take an instance. Harbans, Kashmira, … Continue reading Inherent Inconsistency of the Death Penalty: A Temporal Analysis| The Criminal Law Blog
-Sharnam Agarwal Introduction Every day in India, 86 women are reported as victims of rape, according to the National Crime Records Bureau [“NCRB”]. Among these harrowing statistics, the most disturbing trend is the 96% increase in child rape cases from 2016 to 2022. A recent judgment by the Rajasthan High Court in Suwalal v. State … Continue reading Beyond Technicalities: A Call for Judicial Sensitivity in Indian Rape Cases| The Criminal Law Blog
– Yushmita Sidar. Introduction “When the only proof against a person charged with a criminal offence is the evidence of an accomplice, uncorroborated in any material particular, it is the duty of the judge to warn the jury that it is unsafe to convict any person upon such evidence, though they have a legal right … Continue reading From Untrustworthy to Trustworthy? The Bharatiya Sakshya Adhiniyam’s Mandatory Corroboration of Accomplice Evidence| The Criminal Law Blog
– Hardik Kuldeep and Nishtha Chopra INTRODUCTION The question of whether the Enforcement Case Information Report [“ECIR”] should be mandatorily supplied to the accused has come up before the Supreme Court on numerous occasions. In Vijay Madanlal Choudhary v. Union of India, the apex court had ruled that not only the non-supply of ECIR but … Continue reading International Perspectives on Enforcement Case Information Report Disclosure:Upholding Fair Trial Rights in Money Laundering Cases| The Criminal Law Blog
-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| The Criminal Law Blog
~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...| The Criminal Law Blog
* * * APPENDIX I: EXAMPLES OF WARRANT AFFIDAVITS Figure I.A: Standard DUI Warrant Example Figure I.B: “Form” Affidavit for General Warrant Figure I.C:... The post Appendix for Unwarranted Warrants? An Empirical Analysis of Judicial Review in Search and Seizure appeared first on Harvard Law Review.| Harvard Law Review
Every year, police perform searches governed by the Fourth Amendment on hundreds of thousands of individuals and their property throughout the United States. Many of the academy’s most decorated scholars have focused on the genesis and jurisprudential nature of the Fourth Amendment’s warrant requirement. Surprisingly, we know almost nothing about how the Fourth Amendment regulates searches and how searches actually work in practice.In this Article, we pull back the curtain on the search a...| Harvard Law Review
Danielle Tyukody "presents an argument to permit greater disclosure of grand jury legal instructions by lowering the standard defendants must meet for the court to authorize disclosure of the instructions."| The University of Chicago Law Review Online Archive
