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The Illusion of Guilt: Why Receiving Money from a Cheater Doesn’t Make You a Cheat Under Section 420 IPC

 Introduction A common misconception in criminal law is that anyone who receives money in connection with a cheating transaction can be implicated as an accused under Section 420 of the Indian Penal Code. However, recent judicial pronouncements clarify a crucial distinction: receiving part of illegally obtained funds does not automatically transform a victim into an offend...


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Supreme Court: Mere general allegations of harassment without pointing out the specifics against such persons would ...

A bare perusal of the FIR shows that the allegations made by the complainant-respondent No.2 are vague and omnibus. Other than claiming that the husband and his family along with the accused-appellant herein mentally harassed her with a demand of dowry, the complainant-respondent No.2 has not provided any specific details or described any parti...


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Bombay HC: Whether a Session Judge can reject a bail application of an accused on the ground that the accused himsel...

 The application filed on behalf of the present applicant, came to be rejected by the learned 4th Addl. Sessions Judge by a cryptic order. The learned 4th Addl. Sessions Judge in para No. 3 of the order observed that "No doubt it seems from the Post Mortem Report that the doctor has reserved opinion regarding the cause of death. However, admittedly the applicant himsel...


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Bombay HC: Under which circumstances, filing of chargesheet amounts to change of circumstances for the purpose of de...

The powers conferred upon the Sessions Judge or the High Court under Section 439 of Cr.P.C. are wide enough to grant bail. There is no hard and fast rule and no inflexible principle governing the exercise of the discretion conferred by Section 439 and that the only principle which was established was that the discretion should be exercised judiciously. The dominant criteria...


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The Power of ‘No’: How Section 23 MCOCA Blocks FIRs Without Sanction

 Can a private citizen set the criminal law in motion? usually, the answer is a resounding "Yes." The principle of locus standi is foreign to criminal jurisprudence—anyone can knock on the doors of the police to report a crime. But what happens when a special statute steps in? In the recent ruling of Dhanraj N Asawani vs. Amarjeetsingh Mohindersingh Basi  2023 I...


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