Asia: Criminal Law

This article examines when a supplementary chargesheet or further report or subsequent complaint is a legitimate continuation of the investigation, and when it becomes a second attempt to improve the prosecution case.

The Supreme Court examined whether the use of abusive language constitutes obscenity under Indian Penal Code provisions, focusing on the distinction between vulgar speech and legally obscene material. The ruling establishes critical precedent on when offensive language crosses into criminal obscenity, requiring sexual connotation rather than mere vulgarity.

A NSW appeal court has overturned part of a young man's prison sentence after finding he lost more than three months of credit for time already spent in custody. The ruling highlights the complex and often misunderstood process of calculating pre-sentence custody, particularly when charges are later withdrawn or dismissed.

The Supreme Court of India has once again reaffirmed the settlement-oriented philosophy underlying cheque dishonour litigation by holding that an offence under Section 138...

The NSW Court of Appeal has struck down sweeping anti-protest laws enacted after the Bondi Beach terror attack, ruling that police powers to ban public assemblies across broad geographic areas violated constitutional protections for political communication. The landmark decision examines whether governments can impose blanket restrictions on peaceful protests during times of heightened security concerns, and what constitutional limits exist on such powers.

Jaywalking is seen to present a danger to both pedestrians and traffic which has led to its criminalisation in many jurisdictions.

India’s digital payments landscape / ecosystem has grown exponentially and at a pace that regulators struggled to match. The rules governing automatic recurring charges remained scattered across multiple directives issued at different times.

The Hon’ble Supreme Court of India, in Dineshchand Surana v UCO Bank, 2026 INSC 579 acting through a Bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan, examined the interplay between the moratorium provisions under Part III of the Insolvency and Bankruptcy Code, 2016 and proceedings for dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881.

To put it simply, the question at hand is whether the ED can proceed only against property linked to criminal activity relating to a scheduled offence, or whether it can also move against untainted assets of corresponding value where the original tainted property is no longer traceable.

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 the beginning of this year on 2 January 2026, the Government of Indonesia has officially enacted Law No. 1 of 2026 on Criminal Adjustment (“Law 1/2026”). Law 1/2026 introduces several amendments to Law No. 1 of 2023 on the Indonesian Criminal Code (the “New Criminal Code”), effective since its date of enactment. Among the changes to the previous criminal code stipulated in this New Criminal Code is specific stipulation on the applicable criminal penalties for corporations.