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The Crime Times – August 2026 August 13, 2026
Published in: Alerts
DISCLAIMER: The material contained in this publication is solely for information and general guidance and not for advertising or soliciting. The information provided does not constitute professional advice that may be required before acting on any matter. While every care has been taken in the preparation of this publication to ensure its accuracy, Vaish Associates Advocates neither assumes responsibility for any errors, which despite all precautions, may be found herein nor accepts any liability, and disclaims all responsibility, for any kind of loss or damage arising on account of anyone acting / refraining to act by placing reliance upon the information contained in this publication.
This issue examines a consistent judicial theme in contemporary criminal law: coercive powers must be exercised strictly within statutory and constitutional limits.
The Delhi High Court has clarified that Look Out Circulars cannot be used as instruments of debt recovery. Mere loan default or financial distress, without allegations of fraud or serious economic wrongdoing, cannot justify restricting the fundamental right to travel abroad.
Similarly, the Supreme Court has cautioned against continuing criminal proceedings arising from a predominantly commercial dispute after a settlement has been fully implemented and recognised by the Debt Recovery Tribunal. Such prosecution may, depending on the facts, amount to an abuse of process.
The courts have also reinforced essential procedural safeguards. Foreign documents received through official channels must still be proved in accordance with law, and the accused must be permitted to inspect and challenge them. Under Section 223 of the BNSS, an opportunity of hearing before cognizance is taken has been recognised as a substantive safeguard, including in applicable PMLA proceedings.
Finally, provisional attachment under the PMLA cannot rest upon a mechanical reproduction of statutory language. “Reason to believe” must reflect independent application of mind supported by objective material.
These decisions strengthen criminal enforcement by ensuring that it remains lawful, fair and accountable.
In this issue:
We hope this issue proves useful to our readers in understanding the evolving contours of criminal jurisprudence in India. As always, we welcome your feedback and suggestions.
For any clarifications, please write to:
Mr. Vijay Pal Dalmia
Senior Partner
[email protected]
