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
Supreme Court Quashes Criminal Case Filed Against Directors For A Civil Dispute Yogesh Premjibhai Suvariya & Anr. v. State Of Gujarat & Anr., 2026 INSC 1079
In a recent ruling, the Supreme Court of India has cautioned against using criminal law to recover money in what is essentially a commercial dispute. A Bench of Justices Ujjal Bhuyan and Atul S. Chandurkar quashed a criminal case for cheating against two company directors, holding that the complainant’s grievance was “essentially civil in nature” and that continuing the prosecution would be an abuse of the process of the court.
India Criminal
IL
IndiaLaw LLP
Article
Leadership Under Pressure: Lessons On Crime, Crisis Management And The Rule Of Law
Leadership is often tested not during periods of stability, but in moments of extraordinary uncertainty. Whether confronting organised criminal networks, managing terrorist threats, or leading hostage rescue operations where every decision carries life-and-death consequences, public leadership demands clarity of purpose, sound judgment, and unwavering commitment to the rule of law.
India Criminal
Foresight Law Offices
Article
Passport Is A Civil Document, Mere Pendency Of Criminal Case Prima Facie Not Ground To Withhold It: Allahabad High Court
In Mohd. Aftab v. Union of India and others, the Allahabad High Court, by an interim order dated September 14, 2026, observed that passport authorities have, prima facie, no business denying a passport merely because a criminal case is pending against the applicant. The Bench of Justice J.J. Munir and Justice Indrajeet Shukla also clarified that holding a passport does not give a person a spontaneous passage across borders.
India Criminal
IL
IndiaLaw LLP
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
"Wrong Statement" Not Enough: Supreme Court Sets Higher Threshold For Perjury Proceedings Under Section 340 CrPC
In Prabhakar Yeshwant Masram & Anr. v. Sou Tula Namdeorao Jaipurkar & Anr., 2026 INSC 724, the Supreme Court clarified the threshold for initiating proceedings under Section 340 of the Code of Criminal Procedure, 1973 (“CrPC”) for alleged false statements made in judicial proceedings. The Court held that a mere finding that a party has made a “wrong statement” is insufficient to initiate criminal proceedings. There must be material indicating a deliberate falsehood, and the Court must additionally be satisfied that initiating an inquiry is “expedient in the interests of justice.”
India Criminal
VA
Vaish Associates Advocates
Article
When Words Speak Louder Than Evidence: Supreme Court Overturns NI Act Conviction Based On Patent Cheque Tampering
The Supreme Court of India, in a criminal appeal decided on 17 July 2026 by a Bench comprising Justice Sanjay Kumar and Justice Sanjeev Sachdeva, has set aside a long chain of concurrent convictions under Section 138 of the Negotiable Instruments Act, 1881, on the ground that the cheque in question was materially altered. The case, arising out of Special Leave Petition (Criminal) No. 17025 of 2025, highlights the fundamental principle that a materially altered negotiable instrument cannot form the basis of criminal liability for its dishonour.
India Criminal
IL
IndiaLaw LLP
Article
NRIs Declared Proclaimed Offenders: What The Law Says
For many Non-Resident Indians, discovering they have been declared a "proclaimed offender" in India often comes as a shock, sometimes years after a dispute or complaint they were never properly informed about. The label carries serious legal consequences, including passport impounding, property attachment, and a bar on anticipatory bail, and it is increasingly relevant given how often NRIs are named in matrimonial, property, or business disputes back home while living abroad.
India Criminal
KS
King, Stubb & Kasiva
Article
Karnataka High Court Reaffirms Three Alternative Remedies For Secured Creditors Under SARFAESI: Direct Section 14 Approach Valid Without Prior Notice
The Karnataka High Court, in a significant ruling delivered on 30 June 2026 in Can Fin Homes Ltd. v. Nagarathnamma G.R. and Ors. (Writ Petition No. 17307 of 2026), has once again highlighted the independent and alternative nature of the remedies available to secured creditors under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, commonly known as the SARFAESI Act.
India Litigation
IL
IndiaLaw LLP
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
False Affidavits & Personal Liberty: Supreme Court Pulls Up Police
The Supreme Court of India addresses a critical case involving wrongful attribution of criminal antecedents to a citizen during bail proceedings, examining the State's accountability when false records impact fundamental rights. The judgment scrutinizes the government's explanation of a "computer error" and establishes important precedents for protecting personal liberty under Article 21 of the Constitution.
India Criminal
IL
IndiaLaw LLP
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