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An OCG is a group which carries out criminal activities as its purpose or one of its purposes, and the OCG must consist of three or more people. The individuals must agree to act together to further that purpose. Read Trainee Solicitor Connor Brylczak's full article explaining what an Organised Crime Group is, associated activity, and legal defence for members of an OCG by following the link below. https://lnkd.in/ei7UnJRM

Section 41 Cr.PC - When #police may arrest without #warrant Distinction between power of #arrest of an #accused #person under Section 41 and registration of an #FIR under Section 154 of the Code. While registration of an FIR is mandatory, the arrest of the accused on registration of the FIR is not. FIR is registered on the basis of information without any qualification like credible, reasonable or true information. Reasonableness or credibility of information is not a condition precedent for registration of the FIR. However, for making arrest in terms of Section 41(1)(b) or (g), the legal requirements and mandate is reflected in the expression ‘reasonable complaint’ or ‘credible information’.  (Para 15) Kailash Vijayvargiya v. Rajlakshmi Chaudhuri, 2023 LiveLaw (SC) 396 : 2023 INSC 494 Cr.PC: The power to investigate steps: (a) proceeding to the spot; (b) ascertainment of facts and circumstances of the case; (c) discovery and arrest of the suspected offender; (d) collection of evidence relating to commission of offence, which may consist of examination of various persons, including the person accused, and reduction of the statement into writing if the officer thinks fit; (e) the search of places of seizure of things considered necessary for investigation and to be produced for trial; and (f) formation of opinion as to whether on the material collected there is a case to place the accused before the Magistrate for trial and if so, taking the necessary steps by filing a chargesheet under Section 173. (Para 12) Kailash Vijayvargiya v. Rajlakshmi Chaudhuri, 2023 LiveLaw (SC) 396 : 2023 INSC 494 Cr.PC Chapter XII: Whether the Investigating Officer had complied with the duties and responsibilities: (a) the Investigating Officer did not examine the owner of the house; (b) did not enter his movement in the case diary; (c) did not record that he took the accused for effecting the recovery; (d) was not able to describe clearly the area from where the recovery was effected; (e) admits both the independent witnesses, who do not belong to the area from where the recoveries were effected; (f) does not associate any of the residents of the area for conducting the search; (g) does not examine any of the residents for carrying out any further investigation, and (h) Most importantly he admits that both the memo of arrest as also the recovery not to have been prepared by him or bearing his signature and the same too, have many corrections and over­writing, thus reducing the correctness and authenticity of this document. Furthermore, he is not clear about the description of the articles recovered. The Investigating Officer did not meet the obligations he was under. Numerous infirmities affected the conduct of the Investigation Officer calling into question, credibly, the investigation conducted by him or upon his directions.  (Para 35) Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358 : 2023 INSC 415

We are delighted to announce that five of our partners have been recognised in Spear's Magazine's Criminal Law and White Collar Crime Legal Index 2024. A special mention goes to Louise Hodges, who has been newly added to the index. The Spear’s Index of Lawyers for Criminal and White Collar Crime is an invaluable resource for finding the very best defence and prosecution solicitors who specialise in high-value financial crime, fraud, and regulatory wrongdoing.   🔸 Best criminal lawyers for high-net-worth-individuals in the UK Louise Hodges – Criminal Liability, Financial Crime, Corruption: Top Recommended (New inclusion) Rebecca Niblock – Extradition and Crime: Top Recommended Sandra Paul – Workplace Sexual Misconduct: Top Recommended David Sleight – Complex, High-Profile Cases: Top Recommended Ed Smyth – Account Freezing Orders: Recommended   More information can be found here: https://lnkd.in/eKvXhXvW   #KingsleyNapley #CriminalLaw #Spears #Spears2024 #whitecollarcrime #hnw

New SFO Fraud Powers Face Crucial Parliamentary Test A new bill set to tackle the U.K.'s fraud epidemic could strengthen prosecutors' hands by reforming key aspects of corporate criminal law that have dogged Britain's fight against fraud for years. But first the fight against dirty money must survive Parliament. The question isn't whether Britain's white-collar crime enforcers will get new tools to fight fraud, bribery and corruption, but just how far lawmakers are willing to expand their powers. With the House of Commons due to weigh in on amendments made by the House of Lords to the Economic Crime and Corporate Transparency Bill on Monday, Law360 looks at the key provisions to see which measures are on the chopping block and what legal changes are likely to survive. To read the full article, visit Law360 UK

https://lnkd.in/gu7QBU3j 420 of the Indian Penal Code is a critical legal provision aimed at combating cheating and fraud in India. By understanding its key elements, judicial interpretations, and notable cases, we gain insight into its role in upholding honesty and integrity in society. While challenges in implementation persist, the section remains a powerful tool in the legal arsenal against deceitful practices. As society and technology evolve, continuous efforts are needed to strengthen legal frameworks and ensure effective enforcement of laws like Section 420 IPC.

Some names in this article have been changed to protect identity. If for newly admitted Advocates or at least students under supervision of an Advocate during the period of 3 years completion of Law Degree, it becomes mandatory to accept 2 cases a month and or 24 cases in a year before conferring Degrees on convocation at least 72 cases each Advocate in three years would be able to take up for free of charge or at a nominal fee as prescribed as stiphen would encourage becoming lawyers would have practical training mandatorily.. We welcome your comments at [email protected]

"Focus on the Crime rather than on the Criminal" This reminds me of the quote: “Hate the crime, not the criminal.” — Mahatma Gandhi Yes, our justice system, public morality and the thing called "Dharma", which we all believe in suggests that the criminal must be punished and never be spared. Our outrage, disgust, etc., may get quenched soon after the criminal is punished, may not be in the same way as the outraged public would demand but at least as per the law of the land. Of course, the person who was punished may not be the actual perpetrator of crime, which may happen in remote instances but still it may help in dousing the fire. So, justice may be different from punishment or in other words, every punishment meted out to the so called criminal may not bring justice to the victim. But one has to go by the limitation of the system and accept it finally. Why we must hate or punish the crime instead of the criminal? Does it suggest that the criminal must be spared? It is not so. The criminal, if identified genuinely, must be punished according to the law of the land so that the message that in the eyes of the law everyone is equal is sent to all clearly. But, the matter should not end there and people should not forget the crime itself. Once the criminal is identified and punished we may conclude that our system is robust, efficient and so on and pat our back. But what if the crime continues to happen regularly unabated? Does it mean that the reward and punishment mechanism or the justice system that we have in place is not in a position to transform the society? Is its job only to identify the criminal and punish him? Is that the only way the victim has to get justice finally? I think we are dealing with individuals here rather than the human consciousness as a whole. The crime may continue to flourish in our consciousness no matter an individual is punished or not unless there is a radical change in our consciousness. This change can be brought about by collective thinking and action, which may materialize only when we are utterly disgusted, dissatisfied with the occurrence of crime. The spark that would have been created because of an instance of a crime must continue and grow into a gigantic flame with every occurrence of a crime, small or big, instead of getting doused or smothered by the punishment of a criminal. But, unfortunately, we forget about the crimes very soon, over a period of time, no matter the criminal is punished or not. This is how we seem to have learnt to live with the crime as if it is part of one's life. If at all there is a flame burning within us we will definitely come up with efficient, perfect, foolproof and genuine steps to stop the crimes.

🔎 Sumeet Kachwaha and Tara Shahani of Kachwaha & Partners - India and Partners have provided this update on the #businesscrime landscape in India, covering recent legal reforms 🔗 https://lnkd.in/e5wdWnd2

Section 34 of the Indian Penal Code (IPC) deals with acts done by several persons in furtherance of a common intention. It states that when a criminal act is done by several persons, each person is held equally responsible as if they had done the act individually. This means that if two or more people have a common intention to commit a crime and they all actively participate in the commission of that crime, they can be held liable for it. Section 34 IPC is based on the principle of joint liability, which means that all persons involved in the commission of a crime are equally responsible for it, regardless of the extent of their individual involvement. This section is often invoked in cases where multiple individuals act together to commit a crime, such as robbery, assault, or murder. It is important to note that for section 34 to be applied, there must be a clear common intention among the individuals involved. Mere presence at the scene of the crime or passive acquiescence is not enough to establish liability under this section. The prosecution needs to prove beyond a reasonable doubt that there was a pre-arranged plan or understanding among the accused to commit the crime. Section 34 IPC is a significant provision in Indian criminal law as it helps ensure that all individuals involved in the commission of a crime are held accountable for their actions.

Overview of criminal investigations and trials under BNSS, BNS, BSA Police Report, Commitment of a Case and Sessions Trial under the new criminal laws. This article comprehensively outlines how investigations are to be conducted under the newly legislated Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (formerly Criminal Procedure Code, 1973) and how criminal trials will be conducted under BNSS and Bhartiya Sakshya Adhiniyam, 2023 (BSA) (formerly Indian Evidence Act, 1872). Police Report After all the three stages of evidence are complete, the police must file their report under Section 193 of BNSS before the magistrate, which is the concluding stage of investigation and evidence collected by the investigation agency. If the police authorities, after a proper investigation find evidence against the accused to be deficient, they may file a report under Section 189 of BNSS. The accused may be released on bond and with an undertaking to appear as and when required before the magistrate. A police report can be of two kinds- Closure report Charge sheet / final report i. Closure Report A police officer under Section 189 may file a closure report, which suggests that there is no evidence to prove that the alleged offence has been committed by an accused in question. Once the closure report is filed by the police, the magistrate may: Accept the report and close the case. OR Direct the investigation agency to further investigate the matter, if they have left any lacunae in the investigation. OR Issue notice to the first informant as he is the only person who can challenge the closure report as per the guidelines issued by the Hon'ble Supreme Court in Bhagwan Singh vs. Commissioner of Police. However, despite the Hon’ble Supreme Court’s directions the legislature has chosen not to give this statutory effect in BNSS. OR REMAINING POST IN COMMENTS COLUMN BELOW