Cheating requires both deception and dishonest inducement, resulting in wrongful loss or gain (Sections 23–25 IPC). Mere deception is insufficient unless it induces a person to part with property or act in a way they would not have otherwise
| Posted on: September 12, 2025 |
Mandatory FIR Registration — Once information discloses a cognizable offence, registration of FIR is mandatory under Section 154 CrPC. Credibility or genuineness of the information is not a condition precedent. The Court reaffirmed Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1.
| Posted on: September 12, 2025 |
Courts must exercise caution in summoning on private complaints, especially in cases involving allegations of rape on a promise of marriage. Delay, vagueness, and lack of independent corroboration undermine the credibility of such complaints. Inherent powers under Section 482 CrPC must be exercised to prevent abuse of process when proceedings are manifestly frivolous or malicious.
| Posted on: September 10, 2025 |
The Delhi High Court in Smt. Rama Oberoi v. State (NCT of Delhi) reaffirmed important principles governing cheque dishonour litigation under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”). The Court clarified (i) the permissibility of pursuing concurrent civil and criminal remedies, (ii) computation of limitation under Section 138, and (iii) the limits of High Court’s jurisdiction to quash proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”)
| Posted on: September 4, 2025 |
A corporation is virtually in the same position as any individual and may be convicted of common law as well as statutory offenses including those requiring mens rea. The criminal liability of a corporation would arise when an offense is committed in relation to the business of the corporation by a person or body of persons in control of its affairs. In such circumstances, it would be necessary to ascertain that the degree and control of the person or body of persons is so intense that a corporation may be said to think and act through the person or the body of persons
| Posted on: September 17, 2023 |
Defamation is defined as spoken or written words or visible representations, concerning any person intended to harm his/her reputation. Exceptions to this include an ‘imputation of truth’ required for a ‘public good’, or the conduct of any person touching any public question, or expressing opinions on a public performance
| Posted on: September 7, 2022 |
An order of externment must always be restricted to the area of illegal activities of the externee. The executive order must demonstrate due application of mind on the part of the statutory authority. When the validity of an order is questioned, what would be seen is the material on which the satisfaction of the authority is based. The satisfaction of the authority although primarily subjective, should be based on objectivity
| Posted on: September 7, 2022 |