Welcome to the latest issue of “The Crime Times, ” dedicated to the intricate and ever-evolving landscape of criminal law in India. We are living in challenging times, marked by an aggressive approach from governmental agencies in initiating criminal prosecutions. There has been a noticeable surge in cases related to economic offenses, money laundering, cybercrimes, and corporate fraud, making it crucial for individuals and organizations alike to stay informed. Our goal is to empower you with knowledge, presenting complex legal information in the simplest way possible.

In this edition, we delve into several critical topics that touch upon the entire lifecycle of a criminal case. We start with the fundamentals, explaining the step-by-step process for registering an FIR and, conversely, the grounds laid down by the Supreme Court for quashing frivolous proceedings.

Recognizing the rise in white-collar crime investigations, we have included primers on two key areas:

• An overview of the Serious Fraud Investigation Office (SFIO), detailing its powers, the nature of offenses it investigates, and the typical sequence of a case.
• A landmark High Court ruling establishing that funds acquired through fraud cannot be treated as taxable income, affirming that the Prevention of Money Laundering Act (PMLA) prevails over the Income Tax Act in such matters.

We also analyze recent judgments that reinforce crucial safeguards for citizens, such as the High Court’s clarification that the CBI cannot demand monetary deposits under Section 91 of the CrPC.

Finally, in our increasingly digital world, we explore the legal framework governing the blocking of websites under the IT Act and the remedies available against such orders.

This issue covers:

• How to register an FIR?
• Steps for Quashing of FIR
• CBI/Police cannot ask to furnish Demand Draft or Deposit Money under Section 91 of the CRPC
• Defrauded funds cannot be considered as Taxable Income – PMLA prevails over Income Tax Act, 1961
• The Law relating to SFIO (Serious Fraud Investigation Office)
• Power of Blocking of websites and available recourse in India

We trust you will find this issue both insightful and valuable.

We welcome your feedback and suggestions to help us make this publication even better.

For any clarifications, please write to:

Mr. Vijay Pal Dalmia
Senior Partner
[email protected]

 

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