Keeping Pace with Legal Change
The Gauhati High Court, in a crucial case, has quashed an FIR against journalist Kongkon Borthakur because it is imperative…
Recently the Supreme Court of India gave a very important ruling in the case of Manchu Mohan Babu v. According…
In a landmark decision rendered by the Supreme Court of India in the case of Chirag Sen and another Vs.…
The Supreme Court of India in a cheating case has stayed criminal charges against Anupam Mittal, founder of Shaadi.com. The intervention of the apex court is relief enough in a case that raised the eyebrows of the masses and in the legal circles.
In this article the author analyzes a landmark Supreme Court of India case on the issue of quashing criminal proceedings emanating out of bank fraud. The Court explains the difference between the administrative activities of banks implemented in accordance with RBI Master Directions and a criminal inquiry, and the fact that the quashing of the former will not nullify a criminal proceeding as such. It emphasizes the inapplicability of natural justice during the process of filing FIR and remits cases to be remanded back to be decided afresh.
The Supreme Court, led by Justices Sanjay Karol and Ahsanuddin Amanullah, restored criminal proceedings against the former CFO of Daechang Seat Automotive Pvt. Ltd. for alleged ₹10 crore GST fraud. The ruling emphasizes protecting foreign investments while ensuring fair trials, overturning the Karnataka High Court’s quashing of the case.
It was made clear by the Supreme Court that public servants cannot be prosecuted without first receiving prior government authorization if their conduct are reasonably connected to their official duties. Invoking the legislative protections provided by the Criminal Procedure Code and the Police Act, it dismissed the proceedings against retired police personnel.
Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides for the right of an accused individual to receive copies of relevant documents in a criminal case. The provision supports the postulates of natural justice and fair trial by facilitating access to police reports, charge sheets, statements of witnesses, and other vital documents. Section 230 secures transparency, empowering the defense side to prepare suitably, avoiding unwarranted prejudice. This reform is consistent with constitutional protections under Article 21, which prioritizes procedural justice. The provision modernizes access to the law, minimizing procedural delays and reaffirming an accused person’s right to a fair defense.
This discussion explores whether legal successors can pursue criminal cases after the death of a complainant according to Indian law, with reference to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Criminal cases are generally personal and die with death, but exceptions are made in certain offences like defamation under Section 222 where successors can carry on if authorized by law. Based on judicial precedents and BNSS provisions, this research assesses the scope, limitations, and procedural intricacies, providing insight into the convergence of succession and criminal justice in India’s contemporary legal landscape.
