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21 Latest Landmark Criminal Law Judgements

Introduction

Criminal law is a discipline of law which deals with crimes or offences and their punishments. Most of the criminal law is codified in India and is established by statues and presidents. Objectives of criminal law can be narrowed down into retribution, deterrence, incapacitation, rehabilitation, and restoration. In general terms criminal law is meant to prove it undesirable activities against the individuals and the state. Following are the elements of a crime - 

Guilty intention on Mens Rea - In order for a crime to be committed there must be a guilty mind guilty intention on the part of the accused while committing the act. Mens Rea can be intention, knowledge, motive, recklessness or even negligence. 

Actus reus or illegal act - apart from the intention, the second essential for a crime is Actus Reus. Acting upon the intention and physically doing an act or omitting to do such act comes under this category. 

Injury - Injury is defined in Section 44 of IPC it means any harm caused to any person illegally it may be harm towards someone's body, mind, reputation, or property.

Landmark Criminal law judgement No. 1 - Sonu vs Sonu Yadav  

The appeal was brought before the supreme court when a man was granted bail by the Allahabad High Court who was accused in a dowry death case. The bench comprising of justices DY Chandrachud and MR Shah held that the reasoning given by the High Court does not constitute the kind of reasoning which is expected in a judicial order. The court also said that the sentence extracted earlier also contains terminology like - the entire facts, circumstances of the case, submission of the learned counsel, nature of offence, evidence, complicity of accused, etc. Do bail applicant has been the case for bail without expressing any opinion on the merits of the present case. 

The supreme court also said that the high court did not considered the seriousness of the alleged offence the woman was constantly threatened by her husband and his family members for dowry and met an unnatural in within a year of their marriage. The seriousness of the offence should have been considered. Ultimately the court held that - In an order granting bail judicial application by the judge deciding an application under section 439 of CrPC must be embodied in that order. 

Landmark Criminal law judgement No. 2 - Gurdev Singh vs State of Punjab  

In this case the accused was found with the possession of 1 kg of heroin which is four times more than the minimal commercial limit allowed in the country. According to the Narcotic Drugs And Psychotropic Substances Act, 1985 the minimum sentence shall not be less than 10 years and can extend up to 20 years and fine can be Rupees 1,00,000 which may extend to Rupees 2,00,000. 

When the convict was accused the special Court announced the punishment under section 21 of the act and sentenced him for 15 years of prison time and a fine of Rupees 2,00,000 (if defaulted, would lead to one year of rigorous punishment).

The convict appealed that the court stated no reason for 15 years of punishment which was more than the minimum 10 years. The bench of justice DY Chandrachud and MR Shah held that the court has clear discretion to impose any sentence or punishment ranging between 10 to 20 years and while imposing such sentences the court may also take into consideration factors as it medium fat other than the factors mentioned in section 32(B) (A) to (F) of the act. So, the quantity of narcotics substance recovered is also a relevant factor while imposing in the punishment greater than the minimum. 

Landmark Criminal law judgement No. 3 - Sushila Aggarwal vs State of NCT of Delhi

A bench consisting of justice Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah, and S Ravindra Bhat held in this case that when a bail is granted to a person under section 438 of Code of Criminal Procedure the protection guaranteed should not be for a fixed limited period only and should protect the accused without any restriction of time. The conditions laid under section 437(3) read with section 438(2) should be embossed like normal conditions. The court further held that life of an anticipatory bail does not automatically end if the accused is summoned by the court or when charges are framed but it is continued till the end of trial except in special cases. While delivering this judgement the court also referred to the case of Shri Gurbaksh Singh Sibbia vs State of Punjab. 

Landmark Criminal law judgement No. 4 - Somasundaram vs the state rep. by the deputy commissioner of police  

The court held that for an accessory to be accepted the material specifics of his declaration should be substantiated. The court eventually upheld the conventions of of Tamil Nadu politician and ex MLA MK Balon in 2001 for abduction and murder. The court also explained various concepts of abetment and its ingredients in the judgement. It was also stated by the court that the dichotomy between section 133 and illustration number B of the Indian evidence act was no longer res Integra. The court also distinguished this case as abduction from kidnapping. The court also sent a statement under section 164 CrPC did not constitutes substantial evidence and can only be used for contradiction and corroboration. The court final held that the trial court was wrong in its judgement to presume that there was no criminal liability attached to the accused as it is presumed that it is the duty of Indian wife to support their husbands even if husbands were committing criminal activities. 

Finally, the court said that uncorroborated testimony of accomplice cannot be the basis of conviction. 

Landmark Criminal law judgement No. 5 - Ashoo Surendranath Tewari v. Deputy Superintendent of Police, EOW, CBI & Anr  

The case was brought before the court after a FIR was registered on 9th December 2009 with regards to MSME receivable finance scheme operated by SIDBI (Small industries Development Bank of India). A 3-judge bench consisting of Justices Rohintor Fali Nariman, Navin Sinha, and Indira Banerjee held in this case that in the cases related to exoneration in departmental proceedings on merit and when any or all allegations are found to be non-sustainable and the person accused was held innocent, a criminal prosecution based on the same set of facts and circumstances cannot be allowed to move forward. The judgement of High Court and that of special judge was hence discharged in set aside. 

Landmark Criminal law judgement No. 6 - S Kashi vs State through Inspector of Police

A three-judge bench of justice Ashok Bhushan, MR Shah, and V Ramasubramanyam the court observed that Suo Moto order related to extending limitation and the lockdown restrictions of the government will not in fact effect the right of an accused persons to seek for bail under section 167 (2) of the CrPC. Earlier, a single judge bench of the high court held that the restrictions imposed due to lockdown should not give right to an accused party to pray for a grant of bail even though the charge sheet has not been filed within the prescribed time mentioned under section 167(2) of CrPC . But this decision of the High Court was set aside by the supreme court while granting bail to the accused.

Ultimately the court held that for the period of filing of charge sheet under section 167 (2) of CRPC in the limitation due to lockdown would not be applicable. 

Landmark Criminal law judgement No. 7 - Shilpa Mittal vs State (NCT of Delhi)

In a two-judge bench consisting of justice Deepak Gupta and Anirudh Boss the supreme court held that only those offences in which the punishment prescribed is a minimum sentence of Seven years or more than that can be regarded as heinous officers under the Juvenile Justice act . And the offences whose punishment is less than 7 years cannot be treated as heinous officers. The court also said that officers which prescribe a maximum sentence of more than 7 years, but no minimum sentence is provided for offences for which a sentence of less than 7 years imprisonment is provided are not covered by section 2 (33) of the act. 

But Court also added that even though these offences might not be considered heinous, but they will be considered as 'serious offences' in exercise of the powers of article 142 of the constitution. 

Landmark Criminal law judgement No. 8 - Amish Devgan vs Union of India

The two-judge bench consisting of justice AM Khanwilkar and Sanjeev Khanna on 7th December 2020 delivered the judgement in the case of Amish Devgun which was brought forward when the FIR was registered against the news18 anchor Amish Devgan for using the term "Lootera Chishti" in one of his shows. And the court refused to quash the FIR registered but has granted interim protection to the anchor against arrest. The conditions being his joining and co-operating in the process of investigation till it is completed. In the judgement the court also defined "hate speech" which still remains very difficult to define and also laid emphasis on the point "incitement to violence" which is punishable and an important aspect of hate speech. The court also laid down fifteen points on notable excerpts on hate speech. The court also held that freedom and rights cannot promote those who promote insite violence. And it was further stated by the court that merely referring to feelings of a community or a group without any reference to any other community or group is not hate speech.

Landmark Criminal law judgement No. 9 - Paramveer Singh Saini vs Baljeet Singh

The court in this case with a three-judge bench consisting of justice RF Nariman, KM Joseph, and Aniruddha Bose directed all the States and Union Territories in the country to install CCTV cameras in all the police stations and file compliance affidavits within 6 weeks. The serious fraud investigation office (SFIO), NCB (Narcotics Control Bureau), DRI (Department of Revenue Intelligence), CBI (Central Bureau of investigation), NIA (National investigation agency), ED (Enforcement Directorate) and any other Central agency involved in interrogation of people were also ordered to install the CCTV cameras in their offices. 

While delivering the judgement the court also mandated that the system of cctv which is to be installed must be equipped with night vision and also contain audio as well as video footage whose life will last a considerable time and all the details of the cctv cameras installed in the location are to be mentioned in an affidavit. 

Landmark Criminal law judgement No. 10 - Subed Ali vs State of Assam

In this case, the accused was convicted under section 302 and 34 of IPC by the Sessions judge and was sentenced for life imprisonment. The accused appealed against the order before the supreme court. The question before the court was is active involvement in the commission of an offence a precondition of section 34 of IPC to establish common intention. The court in its judgement defined common intention and while looking up on all the facts of the case held that no further evidence is required according to the presence of common intention in upland number one to commit the offence in question. As a result, the court refused to grant any benefit to the appellant on history and the question of common intention was answered by the court. The judgement was delivered by a three-judge bench consisting of justice SK Kaul, Aniruddha Bose, and Krishna Murari.

Landmark Criminal law judgement No. 11 - Satyam Dube vs Union of India.  

This case is commonly known as Hathras Rape Case and it caught public attention last year for its brutal and violent nature and remains one of the most terrifying gang rape case in the country. There was a three-judge bench consisting of the Chief Justice, SA Bobde, AS Bopanna, and V Ramasubramaniam. 

This case was brought forward when a 19 year of year-old girl was brutally gangraped and assaulted in a small village in Uttar Pradesh. She was shifted to Safdarjung Hospital in Delhi for treatment where she took her last breath and was cremated in the middle of the night without the presence of any of our family members. Considering how the events took place everything was questionable, and the petitioner contended for a fair investigation in the matter by an independent agency. 

The supreme court in its judgement acknowledged that Uttar Pradesh Police will not conduct a proper and fair investigation. And it further noticed the Allahabad High Court to secure fair investigation and also to secure the presence of the victim's family members. The supreme court ordered Allahabad High Court to carefully monitor the further proceedings and investigation. 

Landmark Criminal law judgement No. 12 - Toofan Singh vs State of Tamil Nadu

The judgement in this case was delivered by three-judge bench consisting of justices Rohinton Fali Nariman, Navin Sinha, and Indira Banerjee. The court delivered the judgement by 2:1 majority where justice Indira Banerjee descended from the opinion of the majority. The Court ruled that the officers who are given the duty and power under section 53 of Narcotic Drugs and Psychotropic Substances Act of 1985 (NDPS) are to be considered as 'Police Officers'. such officers would fall under the ambit of Section 25 of the Evidence Act of 1872. As a result of this observation any confession or statement made to the investigating officer would not be considered into account in order to convict an accused under the NDPS act as per provisions mentioned in section 25 of the evidence act. the court also held that any statement which is recorded under section 67 of the NDPS act cannot be used as a confession in the trial of any offence under the act. 

Landmark Criminal law judgement No. 13 - Fertico Marketing and Investment Pvt. Ltd. vs Central Bureau of investigation

The present case was brought forward when surprise raid was conducted by the Central Bureau of Investigation in the premises of a Fertico marketing and investment pvt. ltd. factory and it was found that the coal purchased by FSC was sold illegally. It was also for the discovered that because of these activities a loss of Rs 38 Crore was suffered by the central government and there was involvement of government officials in it. The appellants argued that the CBI did not had the consent from the state government under section 6 of DSPE act hence had no power to conduct the investigation. The supreme court held that under Section 5 of DSPE act the central government is enabled to extend its power and jurisdiction of the DSPE beyond the UT to a state and for this permission is required under section 6 from the state government. The court ultimately held that if such consent from the concerned state government is not taken it would not vitiate the investigation unless the investigation can be proved to be illegal or prejudice against the accused or a miscarriage of justice can be proved. The judgement was delivered by a two-judge bench consisting of justice AM Khanwilkar and BR Gavai. 

Landmark Criminal law judgement No. 14 - Himanshu Dabas vs State

The present case was brought before the Court when respondent was in custody for offences under section 302, 207, 201, 120B, and 34 of IPC and sections 25 and 27 of Arms act was granted bail on the grounds of medical report provided by the doctors. The reports claim that the f in ac test concluded that the patient was suffering from Gynecomastia and Piles along with hypertension and Diabetes. With later investigation into the matter, it was found of that gynecomastia just the enlargement of the male breast and there was no urgency or emergency in the matter and the surgery was only for cosmetic reasons. Contrary to the claims by the respondent there was no tumour present there was no risk of cancer. But still he was granted bail on the basis of these medical reports which proved out to be sketch and questionable. 

The court held that such medical reports should not be full of medical jargon should be easily understandable by a judge in the court and if there is something sketchy or any misrepresentation of conditions or the urgency or emergency of the condition is falsely presented by the Doctor, such an act would be considered an offence under section 192 of Indian Penal Code, 1860. The court also laid down various guidelines to be followed while presenting the medical report by the jail hospital doctors and the doctors in private hospitals.

Landmark Criminal law judgement No. 15 - State vs Amit Goswami  

The present case was brought forward when the applicant was arrested in the matter and was accused of vandalizing, looting, arsoning, putting a shop on fire, and assaulting along with a riotous mob. The applicant was arrested based on statement given by two constables as witness of the incident. and a FIR was registered under section 147, 148, 149, 457, 435, 436, 454, and 380 of the Indian Penal Code. 

The applicant argued that why did the police officers waited for the matter to arise why they did not report the incident in the police office at the same date itself. The applicant also claimed that these cons tables were placed witnesses. Another major claim by the applicant was that he was neither specifically named in the FIR nor any specific role was assigned to him in the matter and there was no CCTV footage or video clip of the same. 

The court held that as the investigation was over, and the charge sheet was filed there was no need for the applicant to stay in judicial custody. As a result, he was granted a bail on grounds of parity as the co-accused namely Mukesh Kali and Sunil Sharma but also granted bail. A personal bond with the sum of rupees 20,000 was set which was subject to conditions that he shall not tamper with evidence or influence any witness in any matter. and he shall co-operate with the court and the proceedings in accordance with the bail bond.

Landmark Criminal law judgement No. 16 - State of Uttar Pradesh v. Jail Superintendent

This case was brought before this court that numerous criminal cases were registered against Mukhtar Ansari in various parts of Uttar Pradesh. And presently there are 10 criminal cases pending against him. While the proceedings for one of the cases was taking place, he was produced before a Judicial Magistrate and was remanded to District Jail in Punjab on 24th January 2019 since then he is in the said jail. And during this period large number of warrants have been issued against the production of Ansari before various different courts in Uttar Pradesh but the Uttar Pradesh Police have been unable to get Ansari for the proceedings as the jail authority is of Punjab claim that the accused was unwell. 

While answering the original prayer of the petitioner the court held that the state can be a party interested within the meaning of section 406(2) of CrPC . The court also observed that in the case registered in Punjab there was no final report filed by the police yet as the case is still at the stage of investigation. The court further said that there is no provision for transfer of under trial criminal and under article 142 of the constitution the court may issue directions for such transfer in this instance keeping in mind the facts of the case. The court also held that a convict for any under trial prisoners who is discovered the law of the land has no right to oppose his transfer from a prison to another and the courts cannot just watch like helpless bystanders and the court is well within its right to use the power given to it under article 142 of the constitution. 

Landmark Criminal law judgement No. 17 - Aparna Bhat vs State of Madhya Pradesh

This case was brought before this court in a plea which was concerned with imposing of certain conditions in casing cases involved with sexual offences against women. The two-judge bench of Justice AM Khanwilkar and SR Bhat held that the trauma which is rendered born by the survivor of such officers adversely affect their dignity. Use of reasoning or language which diminishes the act of such offences and leads to trivialize the survivor is specially to be avoided under all circumstances at any stage of the judicial proceeding. The court also said that it is the duty of the court to make the survivor feel comfortable and to make them rely on their impartiality and neutrality at every stage of such sensitive proceedings. Even any direct or indirect undermining act by the coat against the victim violets such confidence which is bestowed upon this code. The court further laid down various points against judicial stereotyping and the stereotypes that should be avoided. The court also said that the stereotype that 'good women' are sexually chaste shall also be avoided by the court under every circumstance. The court also laid down various grounds while granting bail in sexual offences. Further the court give directions on training and sensitization of judges and lawyer involved in such sexual offence cases. The court also laid down various points for the conditions that should not be imposed on the victim. The court also condemned the act of ordering the convict to tie Rakhi or to get married to the accused of sexual offences and should be avoided. 

Landmark Criminal law judgement No. 18 - D Devaraja vs Owais Sabeer Hussain  

In this case the question present before the Court was that whether the High Court ought to have exercised powers under section 482 of CRPC instead of directing the policeman for applying of discharge before the trial court and there was no sanction to prosecute under section 197 of CrPC. The two-judge bench of justice R Banumathi and Indira Banerjee health chart the test for inserting if sanction was necessary or not is whether the act in question is completely connected with the official duty or whether there is operations of reasonable connection with the official duty. The question of sanction has to be determined at any stage of the investigation the court further held. The court was of this you because the complaint may or may not disclose if the act constituting the offence was done in the discharge of official duty, but the facts ultimately assert the establishment necessary for sanction. 

Landmark Criminal law judgement No. 19 - Ashwini Kumar Upadhyay vs. Union of India

The to judge bench consisting of justice RF Nariman and Justice Ravindra Bhat held in this case that each and every political party is ordered to publish the criminal records of all the candidates in the assembly and parliament polls within 48 hours of selection of such candidate or within a time period of two weeks of nomination whichever comes earlier. This decision by the court was back by the fact that there has been an alarming increase in the numbers of candidates with criminal history criminal background in the last four general elections. The courts that it shall be mandatory for political parties be it central or state level to upload this information on their website and on their social media platforms. Details like nature of the offence particulars of the charge concerned Court the case number and the reason why such candidate has been selected shall also be stated. Such details will also be shared with the election commission and it shall also be stated that why the party members with no criminal records were chosen. It was also stated that in 2004 25% of MPS had criminal cases pending against them and the number rise to a whopping 43% in 2019. 

Landmark Criminal law judgement No. 20 - Jinofer Kawasji Bhujwala vs State of Gujarat  

This case was brought before the court regarding and FIR offences under section 406, 409, 420 , 465, 468, 471, and 120 (B) of IPC along with section 13 (1)(D) of prevention of corruption act. The trial had not commenced and was pending for the past 6 months and the period of 9 months has gone by from the date of filing of the charge sheet when the accused applied for bail, he was granted bail on these grounds. When the opposition counsel argued that this was potentially a threat to national security and the accused might tamper with witnesses or evidence to secure his acquittal, this argument by the prosecution was rejected by the court. Later, an additional condition was added to the bill which directed the accused to surrender his passport. 

This decision was delivered by a two-judge bench consisting of justice Ashok Bhushan and MR Shah. 

Landmark Criminal law judgement No. 21 - Joydeep Majumdar v. Bharti Jaiswal Majumdar

In the present case an army officer’s wife made various malicious complaints against the officer to his superiors and various other authorities without any proof just to sabotage his character and career. The three-judge bench of justice SK Kaul, Dinesh Maheshwari, and Hrishikesh Roy held that these instances cannot be narrowed down to ordinary middle class married life as done by the high court earlier, but it would amount to mental cruelty. The court also added that in cases like that the aggrieved party cannot be expected to continue with the marriage and they are well within their rights to see for separation. The court while delivering the judgement also define mental quality in which the court said that the degree of tolerance will obviously vary from couple to couple and while delivering such judgement the court should keep in mind the background, the level of education, and the status of the parties in order to reach to a justified conclusion and determine whether there was cruelty or not. The court also observed that this was a clear attempt by the wife to harm the husband's reputation among his colleagues, and his superiors, and the society at large. For the allegations made by the wife the legal consequences must follow. Ultimately the court held that this is definitely a case of cruelty on the husband by the wife.

In India, criminal law is codified and established by statues and various Court judgements. Indian Penal Code, The Code of criminal procedure, and The Indian Evidence Act are the three primary provisions regarding criminal law in India. In criminal cases, only the applying of relevant provision and laws is not necessary but also the interpretation of those relevant laws and provisions and applying them according to the facts and circumstances of the case is also necessary. Through various Court judgements the interpretation of these laws become easier. All the above-mentioned landmark judgements will help in interpretation of the concerned provisions and laws and also set a precedent for the upcoming cases.  

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India’s notable case studies involving digital forensic.

Digital Forensics today January 10, 2024

Of course! Digital Forensic plays a crucial role in investigating cybercrimes, analysing electronic evidences and locating important information or data stored in digital devices. Let’s explore some well-known digital forensic case studies of India, that emphasise on the significance and challenges of this specific field in solving complicated criminal cases. 

The Aarushi Talwar-Hemraj Double murder case:

In the Aarushi Talwar-Hemraj double murder case of 2008, digital forensics played a very important role in the examination of electronic evidences. Investigators were able to reconstruct the communication and interactions between the victims and possible suspects with the help of computer data, emails, and mobile phone records. Analysis of digital footprints provides information on the victim’s activities and possible leads in spite of certain data handling and integrity challenges.

The SSR- Rhea Chakraborty case: 

Digital Forensic was used in the investigation and case of actor Sushant Singh Rajput’s death. Analysis of digital devices including mobile phones and computers, aimed to determine communication pattern, online activity and potential leads. Digital forensics assisted in tracking digital trails and social media activity providing insights into possible motives and connection, despite some challenges in data encryption and access to certain platforms. 

The IPL Spot-Fixing Scandal:

The Indian Premier League (IPL) spot-fixing scandal in 2013 involved the use of digital forensic in recovering electronic evidences. Investigators were able to identify the people involved in match fixing and unlawful betting activities through the examination of mobile phones, phone logs, text messages, and money transitions. Digital forensics played a significant role in order to establish the communication networks and revealing the complexity of the scandal.

The 26/11 Mumbai Terror Attacks:

The 2008 Mumbai terror attacks witnessed the application of digital forensics in analysing communication networks and electronic data. Investigation of phones, emails, GPS data, and internet usage helped in the reconstruction of perpetrators’ activities, communication channels and coordination patterns. Digital forensics overcame difficulties with encrypted communications and cross-border data access to assist the authorities in piecing together the timeline of events and identify the individuals who were involved.

The Vyapam Scam:

The Vyapam scam, a massive admission and recruitment scandal in Madhya Pradesh involved digital forensics in examining electronic records and online transitions. Analysis of computers, emails and financial transition, helped in uncovering irregular and fraudulent practices in the examination and recruitment processes. Digital forensic played a crucial role in establishing the trail of evidence and locating major parties involved in it.

The Nirav Modi-PNB Bank Fraud case:  

The Nirav Modi-PNB Bank Fraud case demonstrated how digital forensic can be used to uncover electronic transitions and financial irregularities. Analysis of bank records, emails, and digital transition revealed the fraudulent practices and manipulation of the financial systems. Digital forensics helped in tracing the flow of funds, by which the officials were able to understand the extent of the fraud. 

The Patiala House Court Leak case:

The Leak case in Patiala House court involved the leaking of sensitive documents and information. Digital forensics played an important role in tracking down the source of leak, in analysis of electronic communication, and in the identification of those responsible for the sacrifice of confidential information. The case highlighted the importance of securing digital infrastructure in order to prevent data leaks. 

Sunanda Pushkar Death case:

The investigation into the death of Sunanda Pushkar, the wife of politician Shashi Tharoor, involved digital forensic. Examination of electronic devices such as mobile phones, laptops, etc was done to piece together what happened before her death. In order to identify possible motives and relations, digital forensics helped in the analysis of connections, social media activities and online activity. Even though it was difficult to access some protected data, forensic digital analysis revealed details on the scenario. 

Kerala Gold Smuggling Case: 

The Kerala Gold Smuggling case which unfolded in 2020, involved smuggling of gold through diplomatic channels. Digital forensics played an important role in examining electronic communications such as emails, phone records and chats to trace the network which was involved in illegal activities. Examination of digital evidences revealed important links, helping investigators in unravelling the smuggling network and in identifying key individuals involved in the case.

Pegasus Spyware Scandal:

In 2021, India was entangled in the controversy surrounding the use of  Pegasus spyware. Digital forensic experts played a very crucial role in investigating allegations of unauthorised surveillance by analysing mobile devices to trace the spyware. This case demonstrated the importance of digital forensic in uncovering the sophisticated cyber espionage activities. 

The Unnao Rape case:

In the Unnao Rape case of Uttar Pradesh, where a legislator was accused of sexual assault, digital forensic analysis was performed to analyse electronic data. Investigators examine the victim’s mobile phone, social media accounts and correspondence logs to establish the sequence of events and communication patterns. Digital forensic experts retrieved the crucial data and helped in strengthening the case against the accused.

In India, digital forensic has become a vital tool in everyday criminal investigations. These case studies demonstrate how important digital forensic is for uncovering digital evidences, reconstructing timelines, communication networks, and establishing links between suspect and criminal activities. 

However, challenges persist in digital investigations such as data encryption, data integrity issues, and the need for specialised training to stay up to date with rapidly evolving digital platforms and cyber threats. 

Since digital technologies are always evolving, it is necessary to keep improving digital forensic techniques to protect the integrity of the evidence and the rule of law. One cannot underestimate the importance of digital forensics in India’s law enforcement and judicial system considering the continuous advancements in digital crimes. Its ability to track digital footprints and provide crucial evidence will continue to remain essential in solving complex crimes. 

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Tagged as: Examination ,  Digital Evidence Recovery ,  Sunanda Pushkar Death ,  digital footpribts ,  Patiala House Court Leak ,  digital footprints ,  Digital forensics ,  Nirav Modi-PNB Fraud Case ,  evidence ,  Crime Scene Investigation ,  Vyapam Scam ,  Digital devices ,  Cyber Forensics ,  26/11 Mumbai Attacks ,  Investigation ,  IPL Spot-Fixing Scandal ,  Crime Scene Examination ,  SSR-Rhea Chakraborty Case ,  Cybercrimes ,  Aarushi Talwar-Hemraj Case ,  Electronic Evidence ,  case studies ,  Forensic Science ,  Pegasus Spyware Scandal ,  Analysis ,  mobile forensics ,  Kerala Gold Smuggling .

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Serial Killings in India: Case Studies and Profiling Strategies

• First Online: 02 October 2021

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• S. A. Deepak 3  

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The phenomenon of serial killing was the basis of criminal profiling in the West, and till date, there exists extensive literature on serial killers of the West. Yet, there is very little scientific research in this area from the East or South East. This chapter therefore specifically focuses on the study of serial killers in India. A content analysis of media articles published in both print and online databases brought to light around one hundred incidents of serial killings reported in the last forty years in India. These numbers should be considered as a ‘tip of the iceberg’, if one takes into account the vast population of India and its significant differences in reporting of serial crime by the media. The analysis shows that there are frequent incidences of serial killings in most states, but research into this abysmal phenomenon is in its infancy in India. The chapter discusses certain key strategies of criminal psychology which have significant bearings on investigation of serial killing and adds to our understanding of serial killing as a concept based on the nature of multiple murderers in the Indian prisons. Findings from previous global literature lend some understanding of the types of serial killers, modus operandi, characteristics, and motivation for killing. This information is contextualized with three case studies on serial killers conducted in a first-of-its-kind study in India. The chapter further introspects the ill-preparedness of the Indian criminal justice system in dealing with serial killers and emphasizes the need to adequately equip itself in dealing with such cases in future.

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Deepak, S.A. (2021). Serial Killings in India: Case Studies and Profiling Strategies. In: Sahni, S.P., Bhadra, P. (eds) Criminal Psychology and the Criminal Justice System in India and Beyond. Springer, Singapore. https://doi.org/10.1007/978-981-16-4570-9_8

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• > 10 Most Interesting Indian Court Cases Everyone Needs To Know About

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Jun 23, 2023 at 05:28 PM

10 Most Interesting Indian Court Cases Everyone Needs To Know About

Sometimes, I wonder why some Indian films have such boring stories. We are a land rich in source material, especially if you were to get into the real stories this country has to offer. Yes, it’s a cliché but India is a great example of how often fact is stranger than fiction. The Indian Judicial System is a treasure trove of such stories. Here are some of the most important and influential cases in Indian history. Read on.

1. K.M. Nanavati vs State of Maharashtra (1959)

This case was the last time there was a jury trial in India. KM Nanavati, a naval officer, murdered his wife’s lover, Prem Ahuja. A jury trial was held to decide whether it was a crime of passion (carrying a ten year sentence) or pre-meditated murder (life imprisonment) to which Nanavati plead ‘not guilty’. The jury ruled in favour of him but the verdict was dismissed by the Bombay High Court and the case was retried as a bench trial.

2. State of Orissa vs Ram Bahadur Thapa (1959)

This is a bizarre one. Ram Bahadur Thapa was the servant of one J.B. Chatterjee of Chatterjee Bros. firm in Calcutta. They had come to Rasogovindpur, a village in Balasore district in Orissa to purchase aeroscrap from an abandoned aerodrome outside the village. Because it was abandoned, the locals believed it was haunted. This piqued the curiosity of Chatterjee who wanted to “see the ghosts”. At night, as they were making their way to the aerodrome they saw a flickering light within the premises which, due to the strong wind, seemed to move. They thought it was will-o’-the-wisp . Thapa jumped into action as he unleashed his khukri to attack the “ghosts”. Turns out, they were local adivasi women with a hurricane lantern who had gathered under a mohua tree to collect some flowers. Thapa’s indiscriminate hacking caused the death of one Gelhi Majhiani and injured two other women. The Sessions court judge however, acquitted Thapa declaring that his actions were the result of a stern belief in ghosts and that in the moment, Thapa believed that they were lawfully justified.

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3. Mathura Rape Case (1972)

This is one of the most important cases in the country, because the protests that followed the verdict, forced some important changes in rape laws in India. Mathura, a young tribal woman, was raped by two constables within the premises of the Desai Ganj Police Station in Chandrapur district of Maharashtra. The Sessions court judge found the accused not guilty. The reasoning behind this was (believe it or not) that Mathura was habituated to sexual intercourse. This, according to the judge, clearly implied that the sexual act in the police station was consensual. The amendments to the law that were forced by the protests got one thing right – submission does not mean consent.

4. Kesavananda Bharti vs State of Kerala

If there’s one reason India can still call itself ‘the world’s largest democracy’, it is this case. Swami Kesavananda Bharti ran a Hindu Mutt in Edneer village in Kerala but the state wanted to appropriate the land. Bharti, who was consulted by noted jurist Nanabhoy Palhkivala, filed a petition claiming that a religious institution had the right to run its business without government interference. The State invoked Article 31 which states ” no person shall be deprived of his property save by authority of law. ” A bench of 13 judges deliberated on the facts of the case and through a narrow 7-6 majority, formulated the Basic Structure Doctrine, which puts some restrictions to how much the Parliament can amend the Constitutional laws. In many ways, the judgement here is considered to be a big middle finger to the then Central government under Indira Gandhi. Soon after, the emergency followed.

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5. NALSA vs Union of India (2014)

This is the landmark decision by the Supreme Court of India which declared that Transgendered People were the ‘third gender’ and that they had equal rights as any other gender. The petitioner in this case was the National Legal Services Authority (NALSA).

6. Mohd. Ahmed Khan vs Shah Bano Begum (1985)

62-year old mother of five, Shah Bano Begum was divorced by her husband, Mohd. Ahmed Khan. She filed a criminal suit against him in the Supreme Court and claimed alimony, which was then granted to her. But then the Islamic orthodoxy protested the judgement claiming the practice of granting alimony as anti-Islamic. The Congress government, which was in power back then, succumbed to the pressure and passed the Muslim Women (Protection of Rights on Divorce) Act, 1986 which diluted the Supreme Court judgement and further denied destitute Muslim divorcees the right to alimony from their ex-husbands. This case is regularly mentioned during talks about ‘Uniform Civil Code’ in the country.

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7. Lal Bihari Identity Case (1975-1994)

Lal Bihari, was born in 1955; was dead through 1975 to 1994, and since then he has been an activist. Yes, you read that right. His uncle had bribed government officials to declare him dead so as to inherit their ancenstral land, and so, as per official records, Mr Lal Bihari was registered as ‘deceased’. Once he realized what had happened, he started his struggle against the Indian bureaucracy to prove that he was alive. In the meantime, he performed his mock funeral, asked for widow’s compensation for his wife, stood in the election against Rajiv Gandhi in 1989 and even added a ‘ Mritak ‘ to his name. As of now, he heads an organization that tries to handle similar identity cases for people who have been officially declared dead but are actually still alive.

8. Bhawal Case (1921-1946)

It’s still regarded as one of India’s weirdest identity cases. It mainly revolved around a possible impostor who claimed to be the prince of Bhawal Estate, one which comprised over 2000 villages and was one of undivided Bengal’s largest zamindari estates. Ramendra, the second kumar of the Bhawal estate died in the early 20th century, but there were rumours about him not really being dead. Ten years later, in 1921, a sanyaasi who looked a lot like Ramendra was found wandering the streets of Dhaka. For some reason, the former tenants and farmers of Ramendra vouched for this man and also supported his claim to the title. Almost everyone except Ramendra’s widow, Bibhabati, believed him. There was a long legal process involving two trials where both sides attempted to prove their claims. In the meantime, the new Ramendra also moved to Calcutta and where he was welcomed in the elite circles. He used to regularly collect 1/3rd of the estate revenue, which was his share. He used that money to support his lifestyle while also paying the legal fees of the case. In the end, in 1946, the court finally ruled in his favour, but soon after that he passed away due to a stroke he had suffered a couple of days earlier.

Check Out – Most Bizarre Legal Cases & Arrests

9. Tarakeswar Case (1874)

This case was so (for lack of a better word) ‘popular’, that authorities had to sell tickets to let people come inside the sessions court. And the story itself is nothing short of a blockbuster. Nobin Chandra slit the throat of his 16-year old wife, Elokeshi, who was apparently having an affair with the mahant of the local Tarakeswar temple. Even though Nobin Chandra handed himself over to the police and confessed his crime, the locals were mostly on his side. The police had to let him go after two years, even though he was serving a life imprisonment while the mahant was arrested and put behind bars for three years. Alternatively, there were also rumours that the mahant had raped Elokeshi on the pretext of helping her out with “fertility issues”. This case was really important for that time period because this was seen by the society as one of those moments where the British rulers meddled in the affairs of the Bengali bhadralok and a temple priest, something that was very rare back in those days.

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10. Vishakha and Others vs. State of Rajasthan (1997)

Before the Vishakha Guidelines came in, the workplace was dangerous for many women especially in case of sexual harassment. In 1992, Bhanwari Devi was gang-raped by upper caste men in her village because she tried to raise her voice against child-marriage. Due to gross negligence, the vaginal swabs collected from her body were taken 48 hours after the incident. Ideally, it should be done so within 24 hours. Shockingly, the judge presiding over her case (this was the seventh judge after six others were removed) acquitted the accused, even going so far to say, ” Since the offenders were upper-caste men and included a brahmin, the rape could not have taken place because Bhanwari was from a lower caste. ” Following the outrage over this acquittal, Vishakha and some other women’s groups filed a PIL against the State of Rajasthan and the Union of India, forcing the latter to adopt the Vishakha Guidelines which now protects working women all over the country.

These are just a few cases that we thought were important and/or influential in India’s history. There may very well be other examples and we shall always welcome our readers suggesting some of the best ones we might have missed.

Hat tip to Amartya Kanjilal for additional research.

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11 Most Mysterious And Sensational Cases Of Murder In India

It’s always exciting to watch or read a murder mystery, but what’s your take on true crime? Recently, the entire nation was left biting their nails and glued to their couches when the Arushi verdict came out.

And a similar something happened a couple of months ago, during the Sheena Bora murder mystery. Well, could we ever forget questioning who killed the innocent Pradyumn Thakur? I guess not! There’s nothing more chilling than an unsolved murder case – and India has quite a few. Even when in some of the cases the court has ruled their decision, deep down it is hard for us to accept it.

Let’s have a look at some of the most sensational murder cases of India:

1. Arushi Murder Mystery

New Express

Arushi Talwar and Hemraj Banjade are two names that shook India on 16 th May, 2008. The then 14-year-old Arushi was murdered along with 45-year-old Hemraj and a lot of names appeared on the accused list. The case aroused a lot of public interest and received incredible amounts of media coverage.

For the longest time, the nation kept on conjecturing who the murderer was: was it her father or her mother? Could it be the other two servants? We don’t know. What we now know is that the parents have been acquitted and as of now, no one really killed Arushi .

2. Pradyumn Thakur, Ryan International School

Back in September, a Class II student was found dead in the washroom of Gurgaon’s Ryan International School. The innocent kid, who apparently caused no harm to anyone was initially thought to have been killed over a sexual-assault situation, following which a bus conductor was arrested.

However, just recently, a report has come out that claims a Class XI student killed him to postpone the exams. As the picture gets murkier, many are questioning how the bus conductor came into the picture in the first place?

3. Jessica Lal

Anyone who grew up or lived in Delhi in the 90s remembers the Jessica Lal case. Back in 1999, the headlines on most newspaper read ‘no one killed Jessica’. Eyewitnesses had amnesia and very few came forward to give an account of how the aspiring model was shot dead. Finally, it emerged that businessman Manu Sharma had shot Jessica after she refused to serve him liquor.

4. Sheena Bora

The gory death of Sheena Bora shocked the nation. Even more shocking was the arrest of her mother Indrani Mukerjea for deliberately plotting her murder. Mukerjea had never admitted to having two children and even claimed Sheena was her sister. The murder brought the spotlight onto the murky financial dealings of Indrani and her husband Peter Mukerjea.

5. Amar Singh Chamkila

A popular Punjabi singer, songwriter, musician, and composer, Chamkila was killed on 8th March 1988 along with his wife and two members of the band, allegedly by a gang of unknown youths. Despite being killed in broad daylight and in front of many people, no one was arrested.

A lot of his associates complained that Chamkila was receiving because of his work, but where exactly those threats came from is still a mystery to many. Most of his compositions were on extra-marital affairs, coming of age, drinking, and drug use.

6. Sunanda Pushkar

Dynamite News

A renowned businesswoman and the wife of a former Indian diplomat and politician Shashi Tharoor, Pushkar was killed in a hotel room in Delhi's Leela Palace. Reports suggest that her husband Shashi discovered her body and just assumed that she was asleep. It was only when Pushkar did not wake up that he informed the police of the death.

She allegedly died a day after she accused Pakistani journalist Mehr Tarar of stalking her husband on Twitter. When Pushkar’s body was sent for post-mortem, the conclusion was that she had committed suicide. However, a report from the All India Institute of Medical Sciences doctors claimed injury marks, followed by the death of drug overdose.

Chacko’s fault was that he resembled a man named Sukumara Kurup. The latter killed him in order to claim an insurance amount of Rs 8,00,000. As per reports, Chacko was strangled and his body was burnt inside Sukumara Kurup’s car.

Sukumara, who is now one of the most wanted criminals in Kerala is said to have fled abroad and his whereabouts are still unknown. This murder mystery is officially one of Kerala’s oldest unsolved cases.

8. Adnan Patarwala

Son of a businessperson from Mumbai, Adnan was killed on 18 August 2007. From what we know, he was initially kidnapped for Rs 2 crore ransom but was murdered the next day when the information became public. Five people were accused of murdering him, but on 30 Jan 2012, four out of five people were acquitted.

9. Neeraj Grover murder

This case received a lot of attention because of how gruesome it was. Neeraj Grover’s body was chopped into pieces and stuffed in three garbage bags and set ablaze in the forest.

One of his friends, Maria Susairaj, who even filed a complaint with the police that he went missing was later found to be involved in the killing. It was then discovered that Maria’s boyfriend killed Neeraj in a fit of rage, suspecting that his wife was having an affair. If you want to have a hang of the movie, you might want to check Not a Love Story – an adaptation that closely reflects what really happened then.

10. Pramod Mahajan

We all know Mahajan from his flamboyant life and his son who lately became part of several TV shows, but have we made our peace with his murder mystery? The Bharatiya Janata Party politician was killed in broad daylight inside his house. Pramod was shot dead by his younger brother, Pravin on April 2006, who immediately walked to the nearest police station and confessed. I am Pravin… I shot Pramod.” he said. His brother’s open declaration on the murder surprised a lot of people. Pravin was given life imprisonment and died in in March 2010 of a suspected brain haemorrhage.

11. Sharath

In what looks like a kidnapping case gone wrong, a 19-year-old son of an Income Tax officer in Bangalore was murdered. His body was found near Ramohalli lake on the outskirts of the city with his hands were tied together. As it turns out, the kidnappers strangled him to death and dumped his body the same day he was kidnapped.

But the real twist in the story came when the police found out that kidnappers were his friends. A really close friend of the victim, Vishal was the mastermind behind the murder and abduction. 19-year-old Sharath was an engineering student and was killed by his friends because they wanted to clear off a loan.

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Top 10 Most Interesting Indian Court Cases to know

10. ina trials.

INA (Indian National Army) was a force that comprised of Indian Prisoners of War abroad, and was formed by Subhash Chandra Bose to secure India’s independence from the British. When it was disbanded, INA’s top officers were tried by the British on charges of Sedition etc. The Indian National Congress decided to form a team of legal stalwarts to prepare a thorough legal defense for the officers.  Lord Wavell India’s then Viceroy, promulgated an ordinance with retrospective effect to confer jurisdiction on court-martials in cases related to PoW’s.

The pinnacle of this trial was the legal ingenuity demonstrated by Bhulabhai Desai. Desai’s primary argument was that Bose had formed a provisional government of India, and since the Axis powers had recognized that government, the officers of the INA were representing their country, and not a rebel force. Thus, Desai argued, the municipal law in this case, the Indian Penal Code was not applicable and they ought to be tried under International Law. He placed enormous evidence on record to establish that the INA was representing the Indian State; and thus, the officers were acting in furtherance of their duty as India and Great Britain were at war. Even though he lost the case, he earned his place in the pantheon of legends.

9. The Ayodhya Cases

One of the most controversial cases in Indian constitutional history is the Ayodhya case. The first case was filed in January 1885 by Mahant Raghubir Das seeking permission to construct a temple on the chabutara (a raised platform) outside the Babri Masjid was dismissed. The mandir-masjid issue then remained in suspended animation until the night of December 22, 1949, when trespassers broke into the Babri Masjid and installed an idol of Ram. Subsequently, the city magistrate attached the premises. In the next 12 years, four title suits followed (all still pending before the courts). These include the one filed in December 1950 by Mahant Ramchandra Das Paramhans, who is now the chairman of the Ram Janmabhoomi Nyas and another by the Sunni Central Boards of Waqfs, UP, in December 1961. All the four suits were clubbed together and brought before the Allahabad High Court, which began recording oral evidence in July 1996.

8. Bhawal case – The Princely Imposter

The Bhawal Sanyasi case has been one of the strangest among judicial cases in British India. In the Hindu way of life, a Sanyasi is a person who has taken ‘Sanyas’, or entered the final stage of his life in which he is to seek the Truth and turn his back upon the material word. In more popular parlance, any garden-variety sadhu or mendicant may be called a sanyasi. Bhawal was a large zamindari near Dacca (now Dhaka, Bangladesh). It was, as with the case of many similar Zamindaries, closely supervised by the British bureaucracy. It had an Englishman as a manager. After the Zamindar died, it passed to his three sons. All led lives of ease. The second son, Ramendra, died in Darjeeling in 1905, apparently due to syphilis, and was believed to have been cremated. He left his widow, Bibhavati, behind him. Several years later, in 1921, a Sadhu appeared in Dacca. Soon people noticed many resemblances between him and the supposedly dead Ramendra. Jyotirmayee, one of his sisters was convinced that the sadhu was indeed her brother. Several educated Indians too were convinced of his identity. The British official world, on the other hand, looked upon him as a pretender. Bibhavati refused to accept him as her husband. The claimant (sadhu) claimed his 1/3rd share from the revenues of the zamindari. The Court of Wards which was administering the zamindari refused the claim and the matter went to the court. From the very beginning there was a clear division between the British officialdom and the Bengali elite, the latter siding with the claimant. The claimant filed a suit in 1930.

The judgment in the first trial went in favor of the claimant. The Court of Wards appealed to the Calcutta High Wards. After some delay caused by the Second World War, which kept one of assigned judges stranded in London, the High Court too found in favor of the claimant in 1940. Bibhavati appealed to the Privy Council in London. The Privy Council ruled in favor of the claimant on July 30, 1946. The judgment was telegraphed to Calcutta the next day.

That very day the winner/claimant went to the Kali temple to offer prayers upon his victory and suffered a stroke there. He died two days later, which, according to Bibhavti, was the divinely ordained punishment for the imposter.

7. ADM Jabalpur v Shivakant Shukla Case, 1976

ADM Jabalpur V Shivkant Shukla is one of the landmark cases in Indian constitutional history. Its judgment came on 28th April 1976. This day is known to be the blackest day of India’s constitutional history. Right to move to any court for enforcement of any right conferred by Articles 14, 21 and 22 was suspended during the emergency of 1975 by a presidential order. The maintainability of this order was challenged in this case. Several high courts held it not maintainable while Supreme Court’s 4 judges out of 5 declared otherwise and concluded it to be maintainable and valid exercise under emergency provisions of Indian constitution. Anybody who was sought to be a political threat was detained without trial and sent to prison under the MISA, a preventive detention act on the ground of maintaining the internal security in the country. This was case where an attorney general of India wrote, Even if life was taken away illegally, courts are helpless. For the disagreeing opinion, H. R. Khanna J lost his possibility of becoming the C.J. of India when he was the senior most person eligible for it. His Junior Beg J. became instead. P.N. Bhagwati J pleads guilty for the judgement of this case after 30 years

6. Himmat Lal Shah v. Commissioner of Police, 1973

This case was recently referenced in the Anna Hazare anti-corruption movement when Section 144 of the IPC (unlawful assembly) was imposed by the Delhi Police and the lawyer team of Shanti and Prashant Bhushan argued successfully in the Supreme Court over the unconstitutional nature of this action. The original case dealt with a common citizen’s right to hold public meetings on streets and the extent to which the state could regulate this right. Freedom of expression and assembly is an essential element of democratic system. At the root of this system lies the citizens’ right to meet face to face to discuss problems social, religious or political. This right was upheld in this case.

5. The Shah Bano Case, 1985

Shah Bano, a 62 year old woman from Indore was divorced by her husband in 1978. Unable to support herself and her five children, she moved to courts to be granted maintenance from her ex-husband. Seven years and several judgments later, the Supreme Court ruled in favor of granting Shah Bano alimony. Largely seen as a threat to Sharia law by some Muslims, what followed a debate over the constitutionality of including different marriage and personal laws for different religion, and resulted in the passing of the Muslim Women (Protection of Rights on Divorce) Act, 1986, by the government.

The case was significant for several reasons. In giving its judgment, the Court ordered maintenance with an upper limit of Rs. 500 monthly, under Section 125 of the Code of Criminal Procedure, 1973, which applies to all citizens regardless of caste or religion. Although seen by many as a secular judgment, it invoked a strong reaction from the Muslim community, which felt that the judgment was an encroachment on Muslim Sharia law. The backlash from the Muslim community prompted the government to begin parliamentary procedures that, in essence, overturned the Supreme Court’s decision. The Muslim Women Act, 1986, was passed amidst great controversy and debate. Many argued that it was a way to appease the minority group that was threatening agitation.

Shah Bano’s case brought the need for a secular Uniform Civil Code into the limelight again. To date, however, individual Personal Laws based on religion are still in effect. The case remains a ground-breaking one in Indian divorce law and is often used as a benchmark by the courts.

4. State of Uttar Pradesh vs. Raj Narain, 1975

Ruling on the case that had been filed by the defeated opposition candidate Raj Narain, Justice Jagmohanlal Sinha declared then-PM Indira Gandhi guilty of electoral malpractices, invalidated her win from Rae Bareilly and barred her from holding elected office for six years. The decision caused a political storm in India that led to the imposition of a state of emergency by Indira’s government from 1975 to 1977. The decision had galvanized opposition parties and strikes by labour and trade unions, student unions and government unions swept across the country. Protests led by Jayaprakash Narayan and Morarji Desai flooded the streets of Delhi close to the Parliament building and the Prime Minister’s residence. The government argued that the political disorder was a threat to national security. Using the sweeping powers granted by the Emergency decree, thousands of opposition leaders and activists were arrested, press censorship was introduced and elections were postponed. During this period, Indira Gandhi’s Congress (R) used its parliamentary majority to amend the Indian Constitution and overwrite the law that she was later found guilty of violating.

3. Kesavananda Bharati vs State of Kerala, 1973

This case is now known as the case that saved the Indian democracy. On April 24, 1973, Chief Justice Sikri and 12 judges of the Supreme Court assembled to deliver the most important judgment in its history. The hard work that had gone into the preparation of this case was breathtaking. Literally hundreds of cases had been cited and the then Attorney-General had made a comparative chart analyzing the provisions of the Constitutions of 71 different countries. All this effort was to answer just one main question: “was the power of Parliament to amend the Constitution unlimited?” In other words, could Parliament alter, amend, abrogate any part of the Constitution even to the extent of taking away all fundamental rights? The judgment revealed a sharply divided court and, by a wafer-thin majority of 7-6, it was held that Parliament could amend any part of the Constitution so long as it did not alter or amend “the basic structure or essential features of the Constitution.” This was the inherent and implied limitation on the amending power of Parliament. This basic structure doctrine, as future events showed (Indira Gandhi attempting to hijack Indian democracy), saved Indian democracy and Kesavananda Bharati will always occupy a hallowed place in our constitutional history.

2. K. M. Nanavati vs State of Maharashtra, 1959

This was a high-profile upper class crime of passion, where Kawas Manekshaw Nanavati, a Naval Commander, was tried for the murder of Prem Ahuja, his wife’s lover. The incident received unprecedented media coverage and Nanavati was at the receiving end of a huge amount of public and community support. Nanavati was initially declared not guilty 8-1 by a jury, but the verdict was dismissed by the Bombay High Court on referral and the case was retried as a bench trial. Nanavati was convicted of culpable homicide and sentenced to life imprisonment. This case was the last to be heard as a jury trial in India, as the government abolished jury trials as a result of the case. Many see this as a progressive step in our justice system as decisions of juries are often colored by societal values and norms. On the side note, Ram Jethmalani, now a prominent lawyer and BJP politician, conducted the prosecution in what was one of his first high-profile cases.

1. Lal Bihari, The Undead Indian

In 1976, when a teenager named Lal Bihari approached a bank to approve a loan, he was informed that he was actually dead. It took Lal Bihari 18 years to get his life and his land back. During that time, he added the word Mritak or Dead, to his name and to prove that he was alive sought arrest, tried to run for parliament, kidnapped the son of his uncle, who had stolen his property, threatened murder, insulted judges, threw leaflets listing his complaints at legislators in the state assembly and demanded a widow’s pension for his wife. Each time he was either beaten up by police or rebuked for wasting officials’ time. Unable to make headway, Lal Bihari, The Dead sought the company of other ghosts in Uttar Pradesh and found an entire underworld of the deceased and dispossessed. It was only in 1994, 18 years after being declared dead, that Azamgarh district magistrate, a Hausla Prasad Verma, declared Lal Bihari finally alive once again and also returned his land to him.

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27 Stages Of Criminal Cases In India Under Criminal Procedure Code, 1973

Table of Contents

The criminal trials in India can be be broadly categorized into three stages namely;

A. Pre-trial stage

B. Trial stage

C. Post-trial stage

Now, each stage requires some detailed steps to be fulfilled which are described below.

A. Pre-trial Stage

1. commission of an offence (cognizable or non cognizable).

Information to police.

• Information of cognizable offence.
• Information of non cognizable offence.

a. Information of cognizable offence :

Under Section 154 of the Code of Criminal Procedure, a FIR or First Information Report is registered. FIR puts the case into motion. A FIR is information given by someone (agg rieved) to the police relating to the commitment of an offense. In case of cyber crimes, online complaint can also be resorted and legal assistance can be taken from cyber crime lawyers .

b. Information of non cognizable offence :

In case of non cognizable offence N.C.R (non cognizable report) is registered by police under section 155 of Cr.P.C. but the police cannot start investigation or arrest the accused without the order of a Magistrate having power to try such case.

2. Complaint to magistrate

Section 2 (d) of the Code of Criminal Procedure defines the term 'complaint as any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. On receipt of a complaint a Magistrate has several courses open to him.

He may take cognizance of the offence and proceed to record the statements of the complainant and the witnesses present under Section 200, Cr Thereafter if in his opinion there is no sufficient ground for proceeding he may dismiss the complaint under Section 203, Cr PC. If in his opinion there is sufficient ground for proceeding he may issue process under Section 204, Cr PC.

However, if he thinks fit, he may postpone the issue of process and either inquire into the case himself or direct an invest i gation to be made by a police officer or such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding (Section 202, Cr PC).

He may then issue process if in his opinion there is sufficient ground for proceeding or dismiss the complaint if there is no sufficient ground for proceeding.

3. Investigation by Police

Police conduct investigation for

• For collection of evidence;
• Interrogation statement of accused;
• Statement of witnesses;
• Scientific analysis / opinion if required. During this time, at any stage decided by invest i gating agency, accused persons can be arrested.

In case of cognizable offence police can start investigation after the registration of FIR, no prior approval of magistrate is necessary. But in case of non cognizable offence, prior approval of magistrate is necessary to start investigation.

4. Anticipatory Bail

Upon registration of FIR for cognizable criminal offence the accused may make an application for anticipatory bail in session court or high court. If anticipatory bail is granted then the accused cannot be arrested. If anticipatory bail is rejected then the accused can be arrested without warrant. Since it is a serious matter restricting the freedom of accused person, criminal lawyer in Kolkata should be contacted without any laches for cases in Kolkata.

5. Arrest of the Accused

In case of cognizable offence police can arrest the accused without warrant. However in case of non co gn izable offence prior approval of magistrate is necessary.

6. Production of accused to magistrate

Within 24 hours of the arrest the accused shall be produced before a magistrate having jurisdiction to try such cases.

Whenever an accused is arrested for any offence and police cannot complete invest i gation within 24 hours then such person is produced before a magistrate for seeking extension of police or magisterial custody.

8. After investigation is completed

If invest ig ating agency feels a prima facie case is made out, charge sheet is filed in Court through the public prosecutor. If police feels that no prima facie case is made out, a final report filed in Court.

9. Cognizance of Offence by Magistrate

After filling of charge sheet the next stage is taking cognizance of offence by magistrate under section 190 of the Criminal Procedure Code. In the language of the Hon'ble Apex Court employed in its earliest decision R.R.Chari v. State of U.P AIR 1951 SC 207 “taking cognizance does not involve any formal action or indeed action of any kind but occurs as soon as a Ma g istrate as such applies his mind to the suspected commission of offence"

10. Service of summons / warrant to accused and Process to compel appearance under chapter 6 of Cr.P.C.

The Court sends summons to the accused for appearance in the court on the due date.

11. Appearance of accused before court & engagement of advocate.

The accused appears before the court along with an Advocate of his choice to defend him and seek bail if anticipatory bail is not taken.

12. Filing bail application / furnishing surety.

The accused moves an application for bail and once the bail is granted furnishes the required suety to the court as per the order.

13. Decision is taken by the Court after hearing the public prosecutor and the counsel for defence

On question of Charge sheet:

• Court can reject cha rg e sheet, in which case the accused is disch arg ed. Or,
• Court can accept that a prima facie case is made out, frame the charges, and post the case for trial. Case goes to next stage.
• Court can accept the final report- case is closed and accused is discharged. Or,
• Court can reject the final report, and direct the police to further invest i gate the case. Case goes back to the Stage of invest ig ation. Or, c. If the Court direct the case to be posted for trial. Case goes to next st ag e.

14. Framing Of Charge

After considering the police report and other important documents the accused is not discharged then the court frames cha rg es under which he is to be trialed.

15. Conviction on plea of guilty

If the accused pleads guilty, the court shall record the plea and may, at discretion convicts the accused.

16. If the accused pleads not guilty

Case is posted for trial to begin the trial of the case and further proceedings as per Criminal Procedure Code .

17. Commencement of trial

Generally speaking trial of a case commences when the case is posted for examination of witnesses. Trial may be -

• Sessions trial
• Warrant trial
• Summons trial
• Summary trial

18. Prosecution evidence

After the cha rg es are framed, and the accused pleads guilty, then the court requires the prosecution to produce evidence to prove the guilt of the accused. The prosecution is required to support their evidence with statements from its witnesses. This process is called "examination in chief". The magistrate has the power to issue summons to any person as a witness or orders him to produce any document.

19. Statement of the accused

Section 313 of the Criminal Procedure Code gives an opportunity to the accused to be heard and explain the facts and circumstances of the case. The statements of accused are not recorded under oath and can be used against him in the trial.

2 0. Defence evidence

An opportunity is given to the accused in a case where he is not being acquitted to produce so as to defend his case. The defense can produce both oral and documentary evidence. In India, since the burden of proof is on the prosecution the defense, in general, is not required to give any defense evidence.

21. Final Arguments

Public Prosecutor and the defence counsel present their arguments.

22. Judgment and sentence by the Court

The final decision of the court with reasons given in support of the acquittal or conviction of the accused is known as judgment.

23. Arguments on sentence

When the accused is convicted, then both sides are invited to give arguments on the punishment which is to be awarded. This is usually done when the person is convicted of an offense whose punishment is life imprisonment or capital punishment.

However when the sentence is pronounced in a summons case, the parties need not argue on the amount of punishment given. The sentence is the sole discretion of the judge.

24. Judgment of Court passing sentence

After the a r guments on sentence, the court finally decides what should be the punishment for the accused. While punishing a person, the courts consider various theories of punishment like reformative theory of punishment and deterrent theory of punishment. Court also considers the age, background and history of an accused and the judgment is pronounced accordingly.

C. Post-Trial Stage

2 5. appeal (within specified period of limitation )/ revision.

Appeal can be filed by party aggrieved by judgment on acquittal / conviction / sentence. On notice being issued to the opposite parties, arguments are placed before Appellate court by defence counsel and the public prosecutor. Or,

Revision Application :

Where there is right of appeal provided but no appeal was filed then in its discretion the Sessions Court or the High Court can entertain a revision to prevent miscarriage of criminal justice system occurred by the orders of the lower court.

26. Judgment of the Appellate Court or Court having revisional jurisdiction.

The Court having such powers can either rebut the lower court judgement or confirm the judgment pronounced by the lower court.

27. Execution of Sentence.

Finally, if the accused is pronounced convicted by all relevant courts and appellate authorities then he is sent to jail.

ASHISH SAMAL

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Ballabgarh daylight murder

Hathras rape case, kerala gold smuggling case, palghar mob lynching, vikas dubey encounter, top 10 crimes in india that shook the entire nation.

This article has been written by Oishika Banerji of Amity Law School, Kolkata. This article provides a detailed analysis of 10 crimes that shook the entire nation in 2020. 

This article has been published by Sneha Mahawar .

Table of Contents

Introduction 

Crime is the result of a number of interconnected variables. The social processes and structures are the root causes of criminal conduct. People commit crimes as a result of a socialization process that does not generate a strong sense of good and wrong, and as a result of developing possibilities, expanding desires, and a strong urge to turn to crime to satisfy these goals. The interaction of many social, economic, demographic, geographical, and institutional elements may be traced back to the origins of crime. As per the National Criminal Records Bureau , a total of 66,01,285 cognizable crimes comprising 42,54,356 Indian Penal Code (IPC) crimes and 23,46,929 Special & Local Laws (SLL) crimes were registered in 2020. It shows an increase of 14,45,127 (28.0%) in registration of cases over 2019 (51,56,158 cases). The crime rate registered per lakh population has increased from 385.5 in 2019 to 487.8 in 2020. 

The COVID-19-related disruption also resulted in a 28 percent rise in case of registration in 2020 compared to 2019, owing to a 21-fold increase in cases involving disobedience to a properly issued public servant order and over four times in instances involving breaches of other states local legislation. India had one of the strictest curfews in the world, with law enforcement imposing strictures on physical separation to the nth degree. Some sorts of crimes, such as murders, are exempt from the registration requirement, with just a 1% rise in 2019 compared to the previous year. Worryingly, while the number of reported economic offences has decreased by 11.8 percent since 2019, cybercrime has increased by 11.8 percent. The rise in cybercrime is concerning, as it necessitates more stringent law enforcement, as witnessed even in highly developed civilizations. Sedition has increasingly been used as a weapon to stifle dissent and this trend needs to be reversed urgently. This article discusses 10 horrific crimes that took place in 2020. 

10 crimes that shook the entire nation in 2020

A set of ten spine-chilling crimes that took place in the year 2020 have been detailed hereunder. 

With the caste divide remaining a deep-rooted issue in Indian society, there are several crimes that are taking place in India in the name of caste. On 14th September 2020 , a 19-year-old girl hailing from Hathras, Uttar Pradesh was brutally gang-raped and assaulted by four men belonging from an upper-caste, leaving her with a broken spine, bleeding, and vomiting blood. On September 29, the victim died as a result of her injuries. A protest erupted inside Safdarjung Hospital following her death. This dharna included members of the Congress party as well as the Bhim Army, led by Chandrashekhar Azad, who demanded harsh punishment for the culprits. The victim’s relatives also claimed that the police were attempting to dispose of the victim’s remains in secrecy. The corpse of the victim, as well as his father and sibling, were returned to Boolgarhi village after a day-long protest. The family had received Rs 2.5 Million from the UP state government, under the Victim Compensation Scheme which allows financial compensation to be given to families of victims of crimes including murder and rape.

Rape as a crime under the eyes of the law 

Every year, the National Crime Records Bureau (NCRB) publishes an annual report detailing the statistics on crimes against women in India. Rape is one of the most prevalent crimes perpetrated against women in India, according to the survey. The IPC defines rape as a crime under Section 375 of the Indian Penal Code, 1860. Because deterrence is insufficient for such a horrible act in India, the same has failed to discourage the crime. Rape incidents are increasing every day in India, with the bulk of them being undetected. It is critical to educate our society on their legal rights and responsibilities, as well as to raise awareness.

Judicial interference and the outcome in the Hathras rape case

The horrifying case reached the Supreme Court of India by means of Crimi n al Writ Petition that was filed by the petitioner that raised concerns about the way a 19-year-old girl from Hathras, Uttar Pradesh, was allegedly raped and severely attacked that resulted in her death, followed by the inhuman manner in which she was cremated. The victim’s parents, two brothers, one sister-in-law, and grandmother, who live in village Chandpa, district Hathras, Uttar Pradesh, were provided with a three-tiered security system to remain safeguarded from upper caste people in the village. The security included;

• Armed Constabulary Component,
• Civil Police Component, and 
• The installation of CCTV cameras/lights.

The Supreme Court granted the Allahabad High Court the authority to supervise all parts of the case, including the CBI investigations. While hearing petitions for a court-supervised inquiry into the matter, the Supreme Court of India also stated that a plea to move the trial out of Uttar Pradesh “has been left open” till the investigation is concluded.

Vikas Dubey was slain in an ‘encounter’ on July 10, 2020. He and members of his gang had ambushed a police squad on its way to arrest Dubey a week previously. The ambush resulted in the deaths of eight police officers. In the days that followed, the Uttar Pradesh police executed five of Dubey’s friends in three separate encounters. Dubey was apprehended in Ujjain and surrendered to the Uttar Pradesh police. On July 10, he was slain in a shootout. According to the police, the car in which Dubey was travelling crashed, and the criminal then grabbed a revolver from a police officer and attempted to leave. He also shot at the police squad, which retaliated in self-defence. 

What is an encounter and why is it a crime

‘Encounter’ is a euphemism for extrajudicial executions involving the military forces, notably in India. It entails combining the functions of an investigator, adjudicator, and executor into a single person, namely the relevant police officer. In the 1990s and early 2000s , the Mumbai Police Department employed encounter murders to wage battle against the city’s underbelly. This practice of ‘rapid justice’ quickly spread to other major cities. The most typical justification for false encounters is that the legal system is sluggish and that obtaining convictions against persons who can silence witnesses is difficult. What has hindered individuals and governments from altering the legislation throughout these years to allow for faster justice, adequate evidentiary procedures, and witness protection? Why are we still carrying the corpses of the Criminal Procedure Code, 1973 and the Evidence Act, 1872 ? The willful inability to change the court system cannot be used as an excuse to instead use “illegal shortcuts.” We must do justice to the sacrificed cops and dead civilians, but not at the expense of others. Under populist pressure, the rule of law cannot be buried. The State must follow the law, it cannot be permitted to create its own set of rules.

Role of the judiciary in the Vikas Dubey encounter case

The three-member judicial commission , led by former Supreme Court judge B.S. Chauhan and including former Allahabad High Court judge Sashi Kant Agrawal and former Uttar Pradesh Director General of Police, K.L. Gupta, was set up to investigate the killing of gangster Vikas Dubey in July 2020. It found enough evidence to show that the gangster was patronized by local police, revenue, and administrative officials. The report was presented to the government in April 2021, but it was not tabled before the Uttar Pradesh legislature until August 19th, 2021. The report laid down the following points: 

• Anyone who filed a complaint against Vikas Dubey or his colleagues was treated with contempt by the police. Even if higher authorities ordered the complaint to be filed, the parameters were set by the local police.
• Vikas Dubey and the gang were never subjected to a fair investigation in any case brought against them. Before submitting the charge sheet, sections pertaining to significant offences were removed. During the trial, the majority of the witnesses become hostile. Due to the lack of substantial opposition from state officials and government counsel, Vikas Dubey and his accomplices were able to get bail orders from the courts swiftly and easily. State officials never thought it was necessary to hire a special prosecutor to handle his case. The state never filed an application for bail cancellation or contacted the superior court to have any of the bail orders cancelled.
• The intelligence agency in Kanpur was completely unsuccessful in gathering information on Dubey’s illicit activities and possession of sophisticated weapons. There was no sufficient precaution taken in preparation for the raid, and none of the officers wore bulletproof vests. Only 18 of them possessed weapons, the remainder were either unarmed or armed with sticks. 
• After performing a normal inquiry and passing relevant orders against those found guilty, the panel recommended disciplinary procedures against “erring public workers” who conspired with Dubey for “loss of records, notably the record of instances connected to Vikas Dubey.”
• The investigation also exonerates Dubey’s maternal uncle Prem Prakash, his assistant Atul Dubey, Amar Dubey, Pravin Kumar Dubey, and Prabhat Mishra, who was slain in the encounters. The injuries experienced by the police officers involved in these incidents “did not appear to be self-inflicted,” according to the investigation panel, while the injuries suffered by the accused “were on non-vital areas of their bodies.”

On April 16, 2020 , two sadhus, Kalpavriksha Giri Maharaj (70 years), Sushil Giri Maharaj (35 years), and their driver Nilesh Telgade (30 years), were mercilessly lynched in the Gadchinchale hamlet in Palghar district’s Dahanu tehsil, around 120 kilometres from Mumbai’s centre. The two sadhus hailed from Nashik and belonged to the Shri Panch Dashnam Juna Akhara, India’s largest sadhu order, which is centred in Varanasi. A few days before the occurrence of the horrific incident, rumours had been circulated in the village that bandits had come to the village with the intent of stealing kidneys, particularly those of minors, and selling them in the black market. As a result, the villagers established a 24-hour vigil. A mob of approximately 500 villagers attacked the sadhus and their driver, believing them to be kidnappers. The case was turned up to the state’s criminal investigation division, which conducted the inquiry. The Palghar police and later the state-CID apprehended a total of 251 suspects. The accused include 13 juveniles. More than 70 of the accused are still in custody. Devendra Fadnavis, the Maharashtra Leader of Opposition, and Yogi Adityanath, the Chief Minister of Uttar Pradesh, both urged a high-level investigation into the event shortly after it occurred. In 2020, the Maha Vikas Aghadi administration said that the BJP was engaging in “communal politics” over the event amid lockdown due to an increase in COVID-19 cases.

Mob lynching : an insight

Mob lynching is an extrajudicial execution in which a group of people kills someone who has been suspected of committing a crime, yet it is a stain on our legal system. It shows folks who do not trust the law and believe they are above the law, empowering themselves to punish someone accused, rendering the entire judicial system ineffective and weak. The group that believes they are capable of punishing someone solely on the basis of their assumptions is intolerant, and such acts should be strictly prohibited as they go against the principles of rule of law. The occurrence of such instances is a violation of Article 21 of the India n Constitution , which guarantees the Right to Life and Liberty. Despite the fact that the Protection from Lynching Act of 2017 was enacted to prevent lynchings from taking place, the Palghar mob lynching incident occurred. It is past time for the government to take action to avoid future events of this nature along with the effective implementation of robust jurisprudence.

The aftermath of the horrific crime

The videos that went viral clearly showed how the sadhus, who were being lynched brutally by the mob, hoped that the police would protect them from the same, but when the police themselves gave the sadhus and the driver to the mob, the sadhu lost all hope because the police had given them false assurances of protection. The police, as is obvious from the video, abandoned the sadhus and the driver to the crowd and failed to take appropriate measures to safeguard the victims. The public raised several questions, including why did the police not use force to stop the mob, despite the fact that the mob was an unlawful assembly under Section 141 of the Indian Penal Code, 1860, and the police were authorized to use the power under Section 129 of the Code of Criminal Procedure, 1973. 

On October 27, 2020 , a 21-year-old lady was murdered in broad daylight outside her college in Ballabgarh, Haryana’s Faridabad district. During a botched kidnapping attempt that was caught on video, the incident occurred. When the event occurred, a woman named Nikita Tomar had just left her institution after taking an exam. The accused, who came in a car, attempted to drag the lady inside in the hopes of abducting her, but she fought, prompting one of the accused to shoot her. The heinous crime was caught on video. She was rushed to the hospital, but she died as a result of her injuries. Following the shooting of a 21-year-old student in broad daylight in Haryana’s Ballabgarh, a tremendous outcry erupted in Faridabad, demanding swift justice. A guy called Touseef, who is supposedly a friend of the victim, shot and killed Nikita Tomar outside the Aggarwal College in Faridabad’s Ballabgarh. According to the girl’s family members and relatives, Touseef had pressured Nikita Tomar to convert to Islam, and when she refused, he attempted to kidnap her. He killed her after failing to apprehend her. A few years ago, the victim was said to have filed a complaint against the accused as well. 

The murder had been captured on stunning CCTV footage. The culprit could be seen stepping out of the automobile and drawing his pistol. Nikita was observed attempting to leave the situation and was able to avoid the assailant for a small period of time before being apprehended by him and shot at point-blank range. The assailant’s assistant is seen dragging him back into the car. They then ran away from the scene. According to Haryana Chief Minister ML Khattar, the offender was detained following an investigation.

Delhi Riots case 

On February 22 , over 1,000 protesters staged a sit-in protest near the Jafrabad metro station in Northeast Delhi, blocking a section of Seelampur-Jafrabad-Maujpur road as well as the metro station’s entrance and exit. The demonstration was said to be in support of the Bharat Bandh, which the Bhim Army had called for on February 23. Anti- Citiz e nship Amendment Act (CAA) and pro-CAA activists clashed in Northeast Delhi on the eve of February 23. Over the next ten days, the violence turned communal, resulting in the deaths of over 53 persons . Over 200 people were hurt. Shops and homes were set on fire, as well as places of worship. The events that led to the 2020 Delhi riots are provided hereunder: 

• Anti-CAA protests: In response to the passage of the Citizenship Bill, which paved the way for the grant of citizenship to Hindus, Sikhs, Parsis, Jains, Buddhists, and Christians who took refuge in Pakistan, Bangladesh, and Afghanistan in or before December 2014, protests began in Delhi and other parts of the country in December 2019.
• 2019 Attack on Jamia Millia Islamia students: During a fight with Delhi police on December 15, many Jamia Millia Islamia University students were hurt. Hundreds of police officers are said to have stormed the university campus and apprehended over a hundred students. Batons and tear gas were allegedly used to disrupt anti-CAA demonstrators. Over 200 individuals were injured and admitted to the All-India Institute of Medical Sciences (AIIMS) and Holy Family Hospital in Delhi for treatment.
• Delhi Assembly Election 2020: Several political figures, particularly from the Bharatiya Janata Party (BJP), were observed employing inflammatory chants in the run-up to the Delhi elections on February 8, linking demonstrators to anti-national groups.

On February 27 , Chief Minister of Delhi Mr. Arvind Kejriwal declared that the injured will receive free care in both government and private facilities. The administration had made plans with the support of non-governmental organizations to provide food and set up shelters in regions where a curfew had been enforced. He also promised affected persons a sum of Rs 10 lakh in compensation, Rs 1 lakh in ex-gratia, and Rs 5 lakh in the case of a minor’s death. People whose homes were entirely destroyed by fire resulting from the riots were promised urgent aid of Rs 25,000.

Is rioting an offence

Section 146 of the Indian penal Code, 1860 lays down the offence of rioting providing that use of force or violence by an unlawful assembly with a common objective would amount to the offence of rioting. What is subject to discussion with regards to riotings in India is the inability of the executive in handling the same with an aim to restore enforcement of rule of law and peace in the society. The Delhi riots sparked controversy about the government’s inability to handle the crisis, which lasted nearly five days. The Delhi Police has been chastised. They were ineffectual not just in averting the disturbances, but also in controlling the riots. Many video clips were distributed showing how the police failed to enter and manage the mayhem. The brutality was taking place right in front of their eyes. The major cause of the police’s ineptitude has been linked to reasons such as inexperience in dealing with riots and a lack of trust in the leadership. The cops were unable to analyze the situation. The police did not increase the number of policemen stationed in areas where such violence was common. The police response to the crisis was delayed, and it appeared that they were unwilling to suppress the violence.

The role of the judiciary with respect to the Delhi riots 

In connection with the CAA-NRC protest , around 1,100 demonstrators have been arrested and 5,558 have been held in preventative custody under the Unlawful Activities (Prevention) Act. The Supreme Court has often said that courts must be aware of both sides of the spectrum, namely, their responsibility to guarantee appropriate criminal law enforcement and their responsibility to ensure that the law does not become a tool for targeted harassment. 

• The Delhi High Court on 15th June 2021 had granted bail to Asif Iqbal Tanha ( Asif Iqbal Tanha vs State , 2021), Devangana Kalita ( Devangana Kalita vs State , 2021), and Natasha Narwal ( Natasha Narwal vs State , 2021) in relation to the Delhi Riots case observing that Section 43(D) of the Unlawful Activities (Prevention) Act was misused by the police authorities in detaining them, thereby putting an end to a prolonged misery faced by them and to the very principle of rule of law. The Hon’ble High Court had also observed that after taking into account the facts of the case, the allegations levied and the entire circumstances, it was clear that the offence of carrying out unlawful activities including rioting was not made out. 
• The Delhi High Court on 3rd September 2021 granted bail to five people named Furkan, Mohd Arif, Shadab Ahmed, Suvaleen, and Tabassum on a personal bond of Rs 35,000 each with one surety and ordered them not to leave the National Capital Territory of Delhi (NCT) of Delhi without prior permission of the Court. The bail was granted in relation to the First Information Reports (FIRs) filed on the murder of a head constable, Ratan Lal, as well as injuring a Deputy Commissioner of Police (DCP) during the Delhi violence In addition, the Court had stated that it is its constitutional obligation to guarantee that there is no arbitrary loss of human liberty in the face of government overreach. It went ahead to view that courts must exercise their jurisdiction to uphold the tenets of personal liberty, subject to rightful regulation of the same by validly enacted legislation. 
• Many other individuals such as Anwar Hussain, Kasim, Shahrukh, Umar Khalid and Khalid Ansari still await justice while being behind the bars for dissenting against the government’s views. 

The smuggling of gold into Kerala through diplomatic routes is the subject of the Kerala gold smuggling case. It was discovered after the customs department in Thiruvananthapuram caught 30-kilogram gold worth Rs 14.82 crore smuggled in a cargo disguised as diplomatic luggage on July 5, 2019. On July 11th, 2020, the prime accused of the Kerala gold smuggling case, Swapna Suresh was detained by National Investigation Agency and the customs department and was kept in judicial custody until November 6, 2021. 

Customs seized roughly 251 kg of gold from several airports in Kerala during the 2018–2019 fiscal year. In the fiscal year 2019–20, 540 kg of marijuana was confiscated, which was more than double the previous year’s total. In the same year, over 802 incidents of gold smuggling were also reported. According to different reports from Kerala Police, Koduvally town is a prominent smugglers’ base. Around 70% of the gold smuggled via Calicut International Airport is handled by various players in the area, according to estimates. Due to claimed incidents of the establishment of a link between smugglers and non-state actors, most extremist organizations and violent mafia, smuggling operations have progressed from an economic infraction to a severe security danger to the country. It is also claimed that huge Kerala jewelry businesses trade smuggled gold by posing as tiny fraudulent outfits.

Smuggling in India

Persons who engage in smuggling and other illegal import/export practices, in violation of current prohibitions/restrictions, or with the goal to dodge tariffs or falsely claim export incentives, may face substantial penalties under the Customs Act, 1962 . The products in question may be seized, and hefty fines and penalties may be levied. There are also procedures for arrests and punishment to dissuade them from smuggling and business frauds, which have major economic and social consequences when it comes to sensitive products like narcotics, guns, and ammunition.

Tuticorin custodial killings

The Tamil Nadu Police in Sathankulam, Thoothukudi district, arrested P. Jeyaraj (59 years old) and his son J. Beniks (also written Fennix, Bennix) (31 years old) for allegedly breaking the Indian Government’s COVID-19 lockdown restrictions on June 19, 2020 . The father-son duo was arrested on June 19 for allegedly keeping their mobile accessory business open over its permitted hours, according to the police. On June 19, an FIR was filed against the two, and they were both arrested. The CBI, on the other hand, maintained there were no violations of the shutdown guidelines in the charge sheet.  While in police custody, the father and the son were tortured, resulting in their deaths. Beniks became unwell on June 22, 2020, and was sent to the Kovilpatti General Hospital, where he died later that day. His father died the next day, on June 22, 2020. 

Custodial deaths and role of courts

The Madras High Court’s Madurai bench took suo motu cognizance of the case on June 24, 2020, and on that day, Justices P.N. Prakash and B. Pugalendhi instructed the Superintendent of Police, Thoothukudi, to investigate the event and provide a status report.  After the police finished their inquest hearings, the Court had ordered that the autopsy be videotaped by a panel of three specialists in the presence of a Magistrate. The High Court received copies of both the autopsy and inquest findings. The State Human Rights Commission of Tamil Nadu had taken suo motu note of the offence and had requested a response from the Police Department. Observing that ‘the actions of the government must inspire people’s trust. Every time a person dies in custody, the state’s legitimacy takes a hit’ , Justice G.R. Swaminathan had issued a set of guidelines for the state actors to follow and abide by in order to avoid the occurrence of such instances in future. 

Bangalore Riots case

On 11 August 2020 , the nephew of an Indian National Congress state legislator, Akhanda Srinivas Murthee, reportedly made a disparaging statement against the Islamic prophet Muhammad on Facebook. People began gathering in front of the legislator’s mansion in Kaval Byrasandra in protest after the post became viral in the neighborhood, asking that the accused be jailed. The nephew was detained by two police squads from the DJ Halli station. Small groups came near Kaval Byrasandra at 8 p.m., according to the police, after which hundreds gathered around the DJ Halli police station, demanding punishment against those guilty for the social media post. Members of the SDPI were said to be present in the DJ Halli audience. People in the crowd became irritated when they attempted to file a complaint but said that the police were unwilling to do so. Meanwhile, officers at DJ Halli station sought to ease tensions with the help of local residents, but when one of the teams returned without the accused, the mob stormed the station, vandalized it, and even set fire to police cars. Two additional Congress state lawmakers, Zameer Ahmed Khan, and Rizwan Arshad, arrived at the DJ Halli station around 10:30 p.m. to assist in calming the situation, but the violence had apparently escalated by this time. A group of Muslim teenagers created a human chain around the local temple near DJ Halli station between 11:00 p.m. and 12:30 a.m. to defend it in case of escalation. Fortunately, the situation did not escalate into a communal riot, according to later police evidence.

On August 12, 2020 , Sandeep Patil of the JCP (Crime) Bengaluru revealed that 110 persons had been detained in connection with the incident. Attempting to kill and obstructing a public worker were among the charges levelled against the defendants. A curfew was imposed in the DJ Halli and KG Halli police jurisdictions, according to Bengaluru Police Commissioner Kamal Pant, while Section 144 was implemented throughout the remainder of the city. Pant later that day extended the curfew till 6 a.m. on August 15th. Kuldeep Jain, DCP of the Central Crime Branch, defended the police shooting by claiming that proper procedures were followed. According to his evidence, the police sought to persuade the mob, but they became aggressive and began hurling stones at the officers, necessitating the deployment of extra forces.

The aftermath 

The Karnataka state government had planned to recover damages caused by the riots of August 11, 2020, but had discovered that the process would not be an easy task taking into account that the suspects of the riots who were arrested were majorly poor and barely owned any assets, which could be used to recover the cost of the damages caused. The government had therefore approached the Karnataka High Court seeking the appointment of a commission to look into the same. It is to be noted that although the High Court was empowered to issue such a commission according to Supreme Court’s guidelines, the responsibility of the state government to prove the case against the accused thereby identifying the properties to be seized stood foremost. A retired judge of the High Court, Justice H.S. Kempanna was appointed as a commissioner to look into the matter. Interestingly, on 11th January 2021 , the Karnataka state government had faced embarrassment before the High Court as the Commissioner had complained of not being provided with efficient infrastructure to execute his duties. Former Mayor of Bengaluru, Sampath Raj, and former Corporator, Abdul Raqueeb Zakir who were arrested on grounds of the riots, were granted bail by the Karnataka High Court under Section Section 167(2) of the Criminal Procedure Code (CrPC), 1973 , along with other accused individuals. 

Sandalwood drugs case

In connection with a drug-selling investigation, the Karnataka Police have detained a number of persons, including several Kannada actors, and summoned others from the ‘Sandalwood’ film business. So far, the Bengaluru police’s Central Crime Branch (CCB) has detained actors Ragini Dwivedi and Sanjjanaa Galrani, as well as Diganth Manchale and his wife Aindrita Ray, Akul Balaji, and Santosh Kumar. Aditya Alva, son of late minister Jeevaraj Alva and brother-in-law of Bollywood star Vivek Oberoi, and film producer Shiva Prakash are also mentioned in the CCB’s FIR. On August 28, the Narcotics Control Bureau (NCB) detained three people for allegedly distributing narcotics to singers and actors in the film business , prompting the CCB to step up its probe. The Bureau, headquartered in Bengaluru, said that Anikha Dinesh, was the ringleader, with help from Anoop Mohammed and Rijesh Ravichandran from Kerala. A residence in Bengaluru was raided and a large quantity of Ecstasy tablets and LSD blots worth Rs 20 lakh were discovered. Anoop Mohammed was allegedly linked with the same, according to the NCB. While several media reports claim different angles to the present case, currently it will be beneficial to state that the sandalwood drug case has had an open end with no logical conclusion. 

Bois Locker Room

The inquiry of an Instagram group conversation formed by a group of schoolboys from South Delhi, India in 2020 is familiar by the name of the Bois Locker Room issue . The goal of the group chat was to distribute indecent photographs of women, many of whom were under the age of 18, resulting in public uproar and rumors. Members of the organization are claimed to include students in the 11th and 12th grades at some of Delhi’s most prestigious institutions, that used photographs of underage females without their permission, as well as nasty remarks, including references to gang rape. The prevalence of rape culture in schools caused arguments and controversy as a result of this. Members of the “Bois Locker Room” threatened to disclose nude images of the women who reported them, according to social media sites that shared leaked screenshots from the group. The Delhi Commission for Women criticized the organization in May 2020, and the Delhi Police’s cyber unit launched an investigation. 

Despite the fact that Delhi was under lockdown for COVID-19, the probe was apparently hastened with the support of Swati Maliwal, the Chairwoman of the Delhi Commission for Women . By May 6, 2020, fifteen students had been interrogated and one had been detained. Many of the 27 participants were found to be under the age of 18. On May 11, 2020, police in Noida, arrested the administrator of “Bois Locker Room ,” caught another adolescent in the group, and confiscated all of the defendants’ cell phones. 24 of the 27 youngsters had been inspected, two were out of reach, and one’s specifics were still being worked out.

Cybercrime in India 

Cybercrime is a wide phrase that refers to criminal conduct in which computers or computer networks are utilized as a tool, a target, or a location for illegal activity. It can range from electronic theft to denial of service assaults. Phishing, credit card fraud, bank robbery, illegal downloading, industrial espionage, child pornography, kidnapping minors via chat rooms, scams, cyber terrorism, the production and or dissemination of viruses, spam, and so on are all examples of cybercrime. It also encompasses classic crimes involving the use of computers or networks to facilitate illegal activities. It is extremely disheartening to state that India lacks robust cyberlaw jurisprudence leading to rising in such crimes in recent times. The rate of cybercrime (incidents per lakh population) also increased from 3.3% in 2019 to 3.7% in 2020 in the country, according to the National Crime Records Bureau . 

Conclusion 

A pregnant wild elephant in Kerala’s Silent Valley Forest was the victim of an act of human brutality on 27th May 2020, when she chomped on a pineapple loaded with strong crackers supplied by a man and it detonated in her mouth. After she bit the pineapple and it exploded in her mouth, her jaw was damaged and she was unable to eat. While the elephant silently passed away, her unborn child couldn’t see the light of the day. While such inhuman acts are no less than any heinous crimes, it is shocking to see how inhuman people are becoming in recent times. The police, the prosecution, the courts, and the penal facilities cannot handle crime prevention and control alone, they require the utmost coordination and cooperation from all elements of society. For effective crime prevention, great efforts must be made to raise public awareness and ensure people’s engagement in all parts of the crime issue.

References 

• https://theprint.in/india/hathras-was-no-exception-at-least-4-rape-victims-were-forcibly-cremated-by-police/743817/
• https://www.indiatoday.in/india/story/encounter-erupts-as-vikas-dubey-tries-to-escape-upon-reaching-kanpur-report-1698900-2020-07-10
• https://theprint.in/india/panel-probing-gangster-vikas-dubeys-encounter-gives-clean-chit-to-police/719065/
• https://www.bbc.com/news/world-asia-india-52541298
• https://mumbaimirror.indiatimes.com/news/india/boys-locker-room-girl-posed-as-a-boy-to-suggest-sexual-assault-on-herself-says-cyber-cell-dcp/articleshow/75667264.cms

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List of 10 Most Famous Controversial Criminal Cases in India

In India, there have been lots of crime cases that have made headlines in the news and it have also triggered debate across the country. These cases aren’t all about crimes but they’re more about justice, fairness, and the way they are affecting society. From horrific murders to enormous corporate frauds, these events have turned into tragedies that affected and stayed in our country forever. This article aims to reveal the list of the 10 most popular and disputable criminal cases in India. Focusing on what happened behind the curtains, on the judgments, and the consequences that occurred as a result. Hence, now we are on the way through the roller coaster of these thrilling events, that became the focus of the nation’s attention.

Table of Content

The Tarakeswar Affair (1874)

Vidya jain murder case (1967), the murder of neeraj grover (2008), renuka shinde and seema gavit: juvenile killers (1990-1996), geeta and sanjay chopra kidnapping case (1978), mathura rape case (1972), bhanwari devi rape case (1992), lal bihari identity case (1975-1994), bhawal case (1920-1946), harshad mehta scam.

Here is a list of the 10 most famous controversial criminal cases in India:

Introduction to the Case:

• The Tarakeswar scandal unfolded in colonial Bengal during the 19th century, capturing widespread public attention. It revolved around an illicit affair between Mahant, head priest of Tarakeswar Shiva temple and Elokeshi, wife of Nobin Chandra. This affair became a sensational topic covered extensively by newspapers in 1873, sparking public outrage and debate.

Facts of the Case:

• Elokeshi, a young bride married to Nobin, resided in Tarakeswar where she sought fertility treatments from the temple’s chief priest. Allegations arose that the Mahant had seduced and raped Elokeshi, leading to an affair. Upon Nobin’s return to Kumrul, Elokeshi confessed her infidelity to him. Subsequently, Nobin killed his wife by slitting her throat with a fish knife (boti). Nobin surrendered to the police, admitting to the murder due to his wife’s affair.

Issues in the Case:

• Trial 1 addressed Nobin’s mental state during the murder, questioning his sanity and control over his actions. Trial 2 focused on the legality of Nobin and Elokeshi’s marriage, Nobin’s awareness of the affair, the occurrence of sexual intercourse, and whether the Mahant knew Elokeshi’s marital status.
• In Trial 1, the High Court ruled Nobin as sane and guilty of culpable homicide, rejecting the defense of insanity. Nobin was sentenced to transportation for life under Section 302 of the Penal Code. In Trial 2, the High Court upheld the Mahant’s conviction for adultery, citing Hindu Law and testimonies confirming Elokeshi’s visits to the Mahant’s residence. The court emphasized the precedence of law over personal vendettas.

Conclusion:

• The Tarakeswar case emerged as a notable and controversial legal episode in British India, marked by public scrutiny and debate. Despite public sentiment favoring Nobin’s actions, the court’s verdicts adhered to legal principles, reflecting the prevailing laws and societal norms of the time.
• The Vidya Jain Murder Case revolves around the tragic killing of Vidya Jain, a young woman, in Mumbai (formerly Bombay), India, in 1967. The case attracted widespread public interest and media coverage due to its sensational elements and the subsequent legal proceedings.
• Vidya Jain, a college student, was found murdered in her apartment in Mumbai. She had been brutally stabbed to death. The investigation revealed several crucial pieces of evidence, including fingerprints, bloodstains, and witness statements.
• During the investigation, suspicion fell upon her former boyfriend, Mahesh Prasad, who was believed to have had a troubled relationship with Vidya. Prasad was arrested and charged with her murder based on the evidence gathered by the police.
• The prosecution presented a case alleging that Prasad had killed Vidya out of jealousy or revenge, citing various circumstantial and forensic evidence linking him to the crime scene.

Issue in the Case:

• The main issue in the Vidya Jain Murder Case was whether Mahesh Prasad was guilty of murdering Vidya Jain. The case hinged on the interpretation of the evidence presented by the prosecution and the defense, as well as the credibility of witnesses and the reliability of forensic findings.
• After a lengthy trial, Mahesh Prasad was found guilty of murdering Vidya Jain by the trial court. He was sentenced to life imprisonment for the crime. However, Prasad appealed the verdict, maintaining his innocence.
• On appeal, the higher court upheld the conviction and the sentence, ruling that the evidence presented by the prosecution was sufficient to establish Prasad’s guilt beyond a reasonable doubt. The judgment brought closure to the case and highlighted the importance of thorough investigation and the administration of justice in criminal matters.
• The Vidya Jain Murder Case remains significant in Indian legal history as an example of the successful prosecution of a high-profile homicide case, emphasizing the role of forensic science and legal procedure in delivering justice.
• The murder of Neeraj Grover in 2008 shocked the nation and garnered widespread media attention due to its sensational nature. The case involved a love triangle and led to the arrest of two individuals, Maria Susairaj and Emile Jerome Mathew, who were convicted for their roles in Grover’s death.
• Neeraj Grover, a television executive, was killed on May 7, 2008, in Mumbai. Maria Susairaj, an aspiring actress, and her fiancé Emile Jerome Mathew, a naval officer, were involved in a romantic relationship. Susairaj and Grover had a brief fling, which led to tensions between Susairaj and Mathew.
• On the night of the murder, Mathew discovered Grover at Susairaj’s residence. In a fit of rage, Mathew stabbed Grover multiple times, killing him. Susairaj assisted Mathew in disposing of Grover’s body by chopping it into pieces and burning it in a nearby forest.
• The primary issue in the case was to determine the culpability of Maria Susairaj and Emile Jerome Mathew in the murder of Neeraj Grover. The prosecution argued that both Susairaj and Mathew were equally responsible for the crime, while the defense attempted to minimize Susairaj’s involvement and portray her as a victim of coercion by Mathew.
• In 2011, Maria Susairaj and Emile Jerome Mathew were convicted by the Mumbai Sessions Court for their roles in Neeraj Grover’s murder. Susairaj was found guilty of destruction of evidence and sentenced to three years in prison, while Mathew was convicted of murder and sentenced to life imprisonment.
• The judgment highlighted the heinous nature of the crime and underscored the importance of upholding justice in cases of grave violence. The case served as a cautionary tale about the dangers of jealousy and obsession, ultimately leading to tragic consequences for all involved parties.
• The case of Renuka Shinde and Seema Gavit, known as the juvenile killers case, gained significant attention for its shocking and tragic nature. Renuka and Seema were siblings involved in a series of kidnappings, murders, and thefts in Maharashtra, India, between 1990 and 1996. The case raised questions about the culpability of juveniles in serious crimes and the effectiveness of the juvenile justice system.
• Renuka Shinde and Seema Gavit, sisters from a poor family, were involved in a string of crimes, including the kidnapping and murder of several young children. The sisters, along with their accomplice, kidnapped children from different areas, murdered them, and then disposed of their bodies.
• The crimes committed by Renuka and Seema shocked the nation, leading to a widespread search for the missing children and intense media coverage of the case. The sisters were eventually arrested and charged with multiple counts of kidnapping, murder, and other offenses.
• The primary issue in the case was to determine the extent of Renuka and Seema’s involvement in the crimes, their mental state at the time of the offenses, and their culpability under the law. Additionally, the case raised questions about the adequacy of the juvenile justice system in addressing serious crimes committed by minors.
• Renuka Shinde and Seema Gavit were found guilty of multiple charges, including kidnapping, murder, and theft. Despite being juveniles at the time of the crimes, they were tried as adults due to the severity of their offenses. The court sentenced them to life imprisonment.
• The judgment underscored the importance of holding individuals accountable for their actions, regardless of their age, and highlighted the need for reforms in the juvenile justice system to address cases involving serious and violent crimes committed by minors.
• The Geeta and Sanjay Chopra kidnapping case is a notorious criminal case that shook India in 1978. Geeta and Sanjay Chopra, children of a wealthy Delhi-based businessman, were abducted for ransom. The case garnered significant media attention and became a focal point for discussions on child safety and security in the country.
• Geeta Chopra, aged 14, and her younger brother Sanjay Chopra, aged 5, were abducted on August 26, 1978, while they were returning home from school in South Delhi. The abductors demanded a ransom of ₹60 lakh (6 million rupees) for their release.
• The parents of Geeta and Sanjay, desperate to secure the safe return of their children, complied with the ransom demand and paid a substantial amount. However, despite the payment, the kidnappers murdered the children and disposed of their bodies.
• The investigation into the case led to the arrest of the culprits, including Charles Sobhraj, a notorious serial killer, and his accomplices. Sobhraj, also known as the “Bikini Killer,” was involved in several criminal activities across Asia.
• The primary issue in the case was to determine the identity of the perpetrators involved in the kidnapping and murder of Geeta and Sanjay Chopra. Additionally, the investigation aimed to uncover any potential accomplices and establish a motive for the crime.
• Charles Sobhraj and his accomplices were convicted for their roles in the kidnapping and murder of Geeta and Sanjay Chopra. Sobhraj, along with his associates, was sentenced to life imprisonment.
• The judgment delivered in the Geeta and Sanjay Chopra kidnapping case highlighted the severity of the crime and underscored the need for stringent measures to combat organized crime and ensure the safety of children in society. The case remains one of the most tragic and infamous instances of child abduction and murder in Indian history.
• The Mathura rape case of 1972 is a landmark legal case in India that sparked widespread outrage and led to significant changes in the country’s rape laws. The incident occurred in the village of Mathura in Uttar Pradesh, where a young tribal girl named Mathura was raped by two policemen inside a police station.
• Mathura, a young tribal girl, was brought to the police station for questioning regarding her relationship with a man named Ashok. While she was in custody, two policemen, Ganpat and Tukaram, raped her repeatedly inside the police station. Despite Mathura’s cries for help, no one came to her rescue. The police dismissed her allegations, and she was left traumatized and alone.
• The case raised significant issues regarding the treatment of rape victims by law enforcement authorities, the reliability of witness testimony, and the interpretation of consent in cases of sexual assault. It also brought attention to the need for reforming rape laws in India to provide better protection for victims and ensure justice is served.
• Initially, the Sessions Court acquitted the accused policemen, citing lack of evidence and inconsistencies in Mathura’s testimony. However, the judgment was appealed to the High Court, which overturned the acquittal and convicted the accused. The High Court’s decision was based on the premise that even if Mathura had consented to sexual intercourse, it could not be considered valid given the circumstances of her being in police custody. The accused policemen were sentenced to seven years in prison.

Series of Verdicts:

• Sessions Court Verdict (Initial): Acquittal of the accused due to lack of evidence.
• High Court Verdict: Overturned the Sessions Court’s decision, convicted the accused, and sentenced them to seven years in prison.

Significance:

• The Mathura rape case prompted amendments to India’s rape laws, including changes to the definition of rape and the burden of proof required to establish consent. It highlighted the need for greater sensitivity and accountability within the criminal justice system when dealing with cases of sexual assault. Additionally, it led to increased awareness and advocacy for the rights of rape survivors in India.
• The Bhanwari Devi Rape Case is a landmark case in India that occurred in 1992. It brought attention to the issue of sexual violence against women, particularly those from lower castes, and highlighted the challenges faced by victims seeking justice in the legal system.
• Bhanwari Devi, a social worker from Rajasthan, was gang-raped by five men on September 22, 1992. The attack was allegedly orchestrated in retaliation for her efforts to prevent a child marriage in the village of Bhateri. Bhanwari Devi, who belonged to the lower caste Mali community, had been working as a saathin (government-appointed female worker) to stop child marriages and promote women’s empowerment.
• The case raised several critical issues, including caste-based violence against women, the prevalence of child marriages, and the challenges faced by activists and social workers advocating for women’s rights in rural areas. It also highlighted the reluctance of law enforcement authorities to take action against perpetrators from dominant castes and the failure of the legal system to provide adequate protection to victims of sexual violence.
• Despite overwhelming evidence and Bhanwari Devi’s courageous testimony, the trial court acquitted the accused men, citing lack of sufficient evidence and inconsistencies in the victim’s statement. The judgment sparked widespread outrage and protests across the country, with many viewing it as a miscarriage of justice.
• The case prompted significant public pressure and led to the formulation of guidelines by the Supreme Court of India to address sexual harassment at the workplace, known as the Vishaka Guidelines. These guidelines provided a framework for preventing and redressing sexual harassment in the absence of specific legislation, ultimately leading to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in 2013.
• While Bhanwari Devi did not receive justice in her case, her courage and resilience inspired legislative reforms and advocacy efforts aimed at combating sexual violence and promoting gender equality in India.
• The Lal Bihari Identity Case, also known as the Lal Bihari “Dead Man” Case, is a notable legal case that unfolded in India between 1975 and 1994. It revolves around the extraordinary ordeal of Lal Bihari, a resident of Azamgarh district in Uttar Pradesh, who was declared legally dead while he was alive.
• Lal Bihari, a poor farmer, discovered that he was declared legally dead by his relatives in 1975. His relatives, in collusion with corrupt officials, forged documents to falsely declare him dead in order to usurp his ancestral property. Lal Bihari’s attempts to rectify this grave error were thwarted by bureaucratic apathy and corruption.
• Despite being alive, Lal Bihari found himself legally non-existent, which created numerous hurdles in his personal and professional life. He was denied basic rights, including voting, accessing government benefits, and obtaining loans. Lal Bihari’s relentless efforts to prove his identity and reclaim his legal status spanned nearly two decades of bureaucratic red tape and legal battles.
• The primary issue in the Lal Bihari Identity Case was the grave injustice inflicted upon Lal Bihari due to the fraudulent declaration of his death. The case highlighted systemic flaws in the Indian bureaucracy, including corruption, inefficiency, and the lack of accountability. It underscored the vulnerability of marginalized individuals like Lal Bihari to exploitation and manipulation by powerful interests.
• After a protracted legal battle spanning nearly two decades, Lal Bihari finally succeeded in reclaiming his identity and overturning the false declaration of his death in 1994. His perseverance and determination led to widespread media coverage and public outrage, forcing authorities to acknowledge their mistake and rectify the injustice.
• The Lal Bihari Identity Case brought attention to the plight of individuals who fall victim to administrative errors and corruption in India’s bureaucracy. It served as a catalyst for reforms aimed at improving government accountability, streamlining bureaucratic procedures, and safeguarding the rights of citizens against arbitrary deprivation of identity and legal status.
• The Bhawal Case, also known as the Bhawal Sannyasi Case, is one of the most intriguing legal mysteries in the history of India. It involves a dispute over the identity of a man who claimed to be the long-lost Kumar of Bhawal, a princely estate in Bengal (now Bangladesh). The case spanned several decades, from 1920 to 1946, and captivated the attention of the public and legal community alike.
• In 1909, Kumar Ramendra Narayan Roy, the heir to the Bhawal estate, reportedly died of syphilis while on a pilgrimage to Varanasi. However, in 1920, almost a decade after his supposed death, a sannyasi (Hindu ascetic) appeared in the village of Nijhum Dwip in East Bengal, claiming to be the reincarnation of the deceased Kumar. This sannyasi, later identified as Bhawal Sannyasi, exhibited intimate knowledge of the Bhawal estate and its inhabitants, leading many to believe his claims.
• The Bhawal Sannyasi filed a lawsuit in 1921 to reclaim his title and estate, which sparked a prolonged legal battle. Over the years, numerous witnesses testified both in favor of and against his identity, with some recognizing him as the genuine Kumar while others disputed his claims.
• The primary issue in the Bhawal Case revolved around the identity of the sannyasi and whether he was indeed the reincarnation of Kumar Ramendra Narayan Roy. The case presented a complex legal challenge, requiring the court to assess the evidence, including witness testimony, medical reports, and historical records, to determine the authenticity of the sannyasi’s claims.
• After a protracted legal battle lasting over two decades, the case was finally decided by the Calcutta High Court in 1946. The court ruled in favor of the Bhawal Sannyasi, recognizing him as the rightful heir to the Bhawal estate and restoring his title as Kumar of Bhawal. The judgment stunned many, as it overturned the widely accepted belief in Kumar Ramendra Narayan Roy’s death and validated the sannyasi’s remarkable claim of identity.
• The Bhawal Case remains a fascinating legal saga, raising questions about reincarnation, identity, and the complexities of Indian society and legal system. It has inspired numerous books, articles, and documentaries, continuing to intrigue historians, legal scholars, and the general public alike.
• The Harshad Mehta Scam, also known as the Securities Scam of 1992, was one of the most significant financial scandals in Indian history. It involved fraudulent practices in the Indian stock market by Harshad Mehta, a prominent stockbroker, and other entities. The scam not only shook the financial markets but also led to widespread public outrage and prompted regulatory reforms in India’s securities sector.
• Harshad Mehta, a stockbroker from Mumbai, exploited several loopholes in the banking system to manipulate the stock market and inflate stock prices artificially. One of his key tactics involved taking advantage of the Ready Forward (RF) deal mechanism, which allowed banks to lend money against securities. Mehta used funds obtained through these deals to drive up the prices of selected stocks, creating a false sense of demand and liquidity in the market.
• Mehta’s fraudulent activities were vast and complex, involving collusion with bank officials, forged documents, and manipulation of stock prices. He used a network of dummy companies and bank receipts to siphon off funds from the banking system into the stock market, leading to a massive bull run in the stock prices of various companies.
• The primary issue in the Harshad Mehta Scam was the manipulation of stock prices and the misuse of funds in the banking system to create artificial demand and inflate the value of certain stocks. Mehta’s actions led to a distortion of market fundamentals, causing significant losses to investors and undermining the integrity of the stock market.
• The scandal came to light in April 1992 when the stock market witnessed a sharp decline, triggering investigations by regulatory authorities. Harshad Mehta was arrested and charged with multiple offenses, including fraud, forgery, and criminal conspiracy. He was also implicated in several other cases related to financial irregularities.
• Mehta’s trial lasted for years, during which he remained in judicial custody. However, he passed away in 2001 before the cases against him could reach a final verdict. Despite his demise, the Harshad Mehta Scam had far-reaching consequences, leading to reforms in India’s banking and securities regulations, including the establishment of the Securities and Exchange Board of India (SEBI) to oversee the securities market and prevent such frauds in the future.

Through the investigation of India’s 10 most controversial criminal cases we have seized the intensity that these incidents pose to society. They are also a strong argument for the demand of a proper and fair judicial system that protects the rights of all human beings. From the outrage over women safety after the Nirbhaya case to the audit of the corporate malpractice in Satyam scam each case has left an eternal scar on the nation’s memory. As we contemplate these examples, we should revive our dedication to justice, fairness, and building of a better, more just society for everybody.

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.

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India’s most gruesome murders and their deadly modus operandi

Boiled body parts

On June 8, 2023, 56-year-old Manoj Sahani was arrested for murdering his 32-year-old live-in partner, Saraswati Vaidya, at Mumbai’s Mira Road suburb. While the motive for the murder is not yet known, he reportedly lived with the victim’s dead body parts for days.

The act was discovered after neighbours complained of a foul smell from the apartment – the perpetrator is reported to have boiled the victim’s body parts to dispose of them. Sahani has been arrested and is currently under interrogation.

Stored in a fridge

In May 2022, Aftab Poonawala was arrested for the alleged murder of his live-in partner Shraddha Walkar. He too had chopped her into pieces and had planned to dispose of them part by part. To facilitate this, he had bought a 300 litre refrigerator to store the pieces and used to light agarbattis to ward off the smell.

The crime remained undiscovered for weeks until Walkar’s father filed a missing person’s report that led to the discovery of the crime. Poonawala has been arrested, and a court case is ongoing against him.

The Maria Susairaj case

In May 2008, the murder of 26-year-old Neeraj Grover came to light, days after he was reported missing by his family. The investigation led the police to Grover’s actress friend Maria Susairaj. Her fiance Lieutenant Emil Jerome Mathew confessed to murdering Grover, chopping his body into pieces, transporting and burning his body.

Mathew was found guilty of culpable homicide amounting to murder and destroying evidence – and sentenced to 13 years in prison. Susairaj was given a three-year prison sentence for destroying evidence.

Nithari Killings

The infamous murders came to light in 2006 after the parents of Nithari village – which had an unusually high number of cases of missing young girls — went searching for their children. One of them claimed to have found a decomposed hand, and later skeletal remains of many came to light near the municipal tank behind the house of businessman Moninder Singh Pandher.

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The tandoor murder

The macabre murder of 29-year-old Naina Sahni, a Congress party worker, came to light in the mid-90s. Sushil Sharma was accused of shooting Sahni dead after suspecting her of an extramarital affair. Sharma later tried to get rid of her body in a tandoor of a barbecue restaurant, with the help of its manager, Keshav Kumar.

After her half-burnt body was discovered, Kumar was arrested but Sharma was caught only after a massive manhunt. Sharma was sentenced to death in 2003, while Kumar was given a seven-year prison term. A three-judge bench commuted Sharma’s death sentence to a life term, and was released in 2018.

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Forensic Investigations: 3 Shocking Cases & Vigorous Techniques

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Forensic accounting investigations are like detectives in the financial world. They play a vital role in uncovering financial crimes, such as theft or hiding money. These investigations help find and get back stolen or misused money. In this article, we’ll see how forensic accountants investigate financial crimes and the methods they use to find evidence.

What are Forensic Investigations?

Forensic investigations are like scientific detective work. Experts analyze evidence to solve crimes, settle legal disputes, and present evidence in court. They collect, study, and interpret physical and digital evidence found at crime scenes. Forensic accountants are specially trained to investigate financial crimes like fraud, embezzlement, and money laundering. They play a crucial role in uncovering the truth and bringing justice to those involved in such illegal activities.

Generally, in India, Certified Forensic Accounting Professionals (CFAPs) carry out forensic investigations. Training for Certified Forensic Accounting Professionals (CFAPs) focuses on honing their abilities to identify suspicious patterns and discrepancies in financial documents and transactions. These signs can be indicative of potential criminal activities.

Techniques of Forensic Investigations

They use a variety of techniques to gather evidence and build a case. Some of these techniques include:

• Financial statement analysis: Financial statement analysis is like investigating a puzzle in numbers. Forensic accountants, who are like financial detectives, carefully look at financial papers to find any mistakes, differences, or strange things that could mean someone is doing something wrong, like cheating or doing something illegal. It’s a bit like catching a thief who leaves clues behind in the numbers.
• Asset tracing is like following a money trail. Forensic accountants use their skills to track how money moves through complicated transactions to find out where the money originally came from. It’s like being a financial detective to figure out the source of the money.
• Computer forensics is like detective work for computers. Imagine someone using special tools and methods to find hidden information on electronic devices, like laptops or phones. They look for clues in the digital world to figure out if someone did something wrong. It’s kind of like searching for fingerprints on a computer instead of at a crime scene. These experts use special computer programs to uncover data and check if it can be used as proof in a case.
• Interviewing witnesses : Forensic accountants talk to people who might know about the fraud. They do this to learn more about what happened and to put together evidence for their case.
• Document analysis: Experts like forensic accountants look at papers like contracts, bills, and bank papers. They do this to find proof of cheating or other bad money activities.

Forensic Investigations in Action

Forensic investigations can be quite complicated and take a lot of time. They often involve dealing with large amounts of financial data and using special tools and methods. Let’s see some real-life examples of how forensic accounting investigations work.

In India, forensic accounting investigations are becoming more frequent because businesses and individuals are facing more attention from regulatory authorities, creditors, and other interested parties.

Satyam Fraud

One of the most well-known cases of forensic accounting investigations in India is the Satyam Computer Services scandal, exposed in 2009. Satyam, a major IT company in India, falsely inflated its revenue and profits by over $1 billion over several years.

This scandal resulted in the arrest and conviction of several top executives, including the company’s founder and chairman, Ramalinga Raju. Forensic accountants played a crucial part in uncovering fraud by carefully examining financial records and transactions to spot irregularities and discrepancies.

Forensic accounting played a significant role in the investigation of the National Spot Exchange Limited (NSEL) scam. Fraudulent activities by the commodities exchange resulted in the loss of more than Rs 5,500 crore in 2013. Forensic accountants also conducted investigations of financial records. They found transactions as evidence of wrongdoing. The investigation resulted in the arrest of several individuals involved in the scam, including the exchange’s founder and several top executives.

Forensic accountants have used their skills and expertise in India to uncover fraud in the banking sector. In 2018, the Punjab National Bank (PNB) became embroiled in a massive fraud case. Rogue insiders used fraudulent letters of undertaking (LoUs) to obtain loans from other banks. The fraud caused the bank to lose more than Rs 14,000 crore. As a result, many people, including top bank officials, were arrested. Forensic accountants played a vital role in finding the fraud. They looked at financial records and transactions to find any mistakes or unusual things.

Moreover, forensic accounting investigations are not limited to the corporate sector in India. CFAPs are also involved in investigating cases of tax evasion. They also work with law enforcement agencies and regulatory bodies to uncover fraudulent activities and financial crimes.

In simple terms, these investigations involve looking at financial documents, finding transactions that seem suspicious, and following the path of money. With their knowledge of forensic accounting, these experts help catch financial criminals and stop similar crimes from occurring again.

In a famous case, the Income Tax Department of India used forensic accounting techniques to uncover a tax evasion scheme involving a well-known builder. During the investigation, they found that some cash transactions were not properly recorded in the builder’s financial records. As a result, the builder was penalized heavily under Income Tax Laws. This case shows how forensic accounting techniques can be essential in revealing fraud and ensuring fairness for those affected.

CAG’s Role in Forensic Investigation

The Comptroller and Auditor General (CAG) of India is a significant auditing authority in the country. They have been actively involved in conducting forensic accounting investigations in the public sector. In 2020, they conducted a special audit of the Delhi Jal Board. Their investigation revealed many cases of irregularities and mismanagement of funds. The audit report also found instances of not following financial rules and procedures, as well as instances of paying more than required and irregularities in the procurement process. CAG’s efforts have helped uncover financial issues and promote transparency in public sector organizations.

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Forensic Accounting in India started with one word - Indiaforensic. With 12 Certifications in forensic accounting, Anti Money Laundering and Financial Crime Compliance, Indiaforensic are the pioneers of forensic accounting education in India.

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2021 botched Nagaland Op: SC closes criminal proceedings against 30 army personnel

The court's decision came after the centre declined to grant prosecution sanction under section 6 of the armed forces (special powers) act (afspa).

In a relief to 30 Army personnel, the Supreme Court on Tuesday, 17 September closed the criminal proceedings initiated against them by the Nagaland government for allegedly killing 13 civilians in a 2021 botched operation to ambush militants in Mon district for want of prosecution sanction.

A bench of Justices Vikram Nath and PB Varale noted that the Centre had on 28 February last year declined to grant sanction to prosecute the personnel under section 6 of the Armed Forces (Special Powers) Act (AFSPA) of 1958.

Section 6 of the AFSPA says, "No prosecution, suit or other legal proceedings shall be instituted except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act."

The bench said, in case sanction is granted at any stage under Section 6 of the AFSPA, the proceedings pursuant to the impugned FIRs may continue and may proceed in accordance with law and be brought to a logical conclusion.

"In view of the aforesaid discussions, the writ petition (Criminal) Nos...are allowed. The proceedings pursuant to the impugned FIRs shall remain closed," the bench directed.

The apex court closed the proceedings on two separate petitions filed by the wives of the personnel, including a major rank officer, who sought closure of the case lodged by Nagaland police.

The top court also refused to accept the prayer of the Nagaland government to direct the Army to initiate proceedings against the accused personnel on the administrative side.

"The said submission does not merit consideration by this court as that would be at the sole discretion of the armed forces whether or not to carry on disciplinary proceedings against its officers. As such, we are not inclined to issue any such directions. The concerned wing of the armed forces would be at liberty to take or not to take any disciplinary proceedings against its officers," the bench said in its order.

It also noted that the Nagaland government has filed a separate petition challenging denial of prosecution sanction by the Centre against the Army personnel in the case and notice has been issued in the matter.

The top court made its 19 July, 2022 interim order absolute by which it had stayed further proceedings in the FIR registered by the state government against Army personnel belonging to the special forces unit.

The wives of the Army personnel had sought closure of the criminal proceedings on the ground that the state government has no jurisdiction to prosecute the personnel due to immunity granted under the AFSPA.

Their plea contended that prior sanction from the Centre was needed to initiate any legal proceedings against Army personnel if the area falls under AFSPA.

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