Bhartiya Nagarik Suraksha Sanhita

Supreme Court Limits Clubbing of Multi-State FIRs in Financial Fraud Case

25Nov

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Limits Clubbing of Multi-State FIRs in Financial Fraud Case

In this judgement, the Supreme Court rejected the petitioners' plea to club multiple FIRs registered across different states concerning an alleged financial scam. The Court clarified that while consolidation may be permissible for a single incident like a hate speech, it is impractical in multi-victim financial frauds where distinct transactions and witnesses are involved. It allowed limited clubbing of FIRs only within the states of Telangana and Maharashtra, directing the petitioners to seek regular bail from respective jurisdictional courts. Facts Of The Case: The case originated from a series of FIRs registered against a firm, its partners, and management officials, including petitioners like Odela Satyam, Pawan Odela, and Kavya Nalluri, for allegedly defrauding investors. Th...

Supreme Court Reinstates Conviction in Cheque Bounce Case, Slams High Court’s Interference

21Nov

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Reinstates Conviction in Cheque Bounce Case, Slams High Court’s Interference

This Supreme Court judgment reinforces the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, which arise upon admission of a cheque's execution. It clarifies that these presumptions are rebuttable, but the initial onus is on the accused. The ruling also establishes that a violation of Section 269SS of the Income Tax Act, 1961, does not render a debt legally unenforceable for proceedings under Section 138 of the NI Act. Facts Of The Case: The case originated from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by the appellant, Sanjabij Tari, concerning a cheque for Rs. 6,00,000 issued by the respondent, Kishore S. Borcar. The cheque was dishonoured due to insufficient funds. The appellant contended that the amoun...

Supreme Court Rules: Police Must Register FIR on Cognizable Offence, Can’t Wait for Victim to Complain

28Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: Police Must Register FIR on Cognizable Offence, Can’t Wait for Victim to Complain

In a significant ruling on police accountability, the Supreme Court reiterated that under Section 154 of the CrPC, registration of an FIR is mandatory when information discloses a cognizable offence. The Court held that police inaction in such a scenario constitutes a dereliction of duty, and officers cannot avoid this statutory obligation by citing the victim's failure to formally pursue the matter. Facts Of The Case: The case originated from the communal riots in Akola, Maharashtra, on May 13, 2023. The appellant, Mohammad Afzal, a 17-year-old minor, claimed that while returning home, he witnessed four unknown individuals brutally assaulting Vilas Gaikwad in an auto-rickshaw, mistaking him for a Muslim. The assailants then turned on Afzal, damaging his vehicle and attacking him on the ...

Influencing Witnesses? Supreme Court Sets Strict Rules for Granting Bail in Serious Crimes

17Sep

By The Legal ChamberNo Comments

Supreme Court

Influencing Witnesses? Supreme Court Sets Strict Rules for Granting Bail in Serious Crimes

The Supreme Court reiterated that bail grant requires a balanced assessment of the nature and gravity of the offence, the prima facie case, and the accused's potential to influence the trial or evade justice. It set aside the High Court's bail order for failing to consider these established parameters, particularly the accused's conduct and the crime's seriousness. Facts Of The Case: The case stems from an FIR registered concerning a violent incident on the intervening night of May 4-5, 2021. The accused, Sushil Kumar, and his associates were alleged to have abducted several individuals from different locations in Delhi and taken them to Chhatrasal Stadium. There, they were violently attacked with wooden sticks and lathis, and gunshots were allegedly fired. One of the abducted in...