Advice Legal

If the police do not make a register entry of any information that reveals a cognizable offence, then the procedure under the BNSS, 2023 should be followed. Under Section 173(4), the information may be forwarded in writing to the Superintendent of Police (SP). In case the complaint persists, then the complainant can file the matter before the competent Magistrate under Section 175(3) in an attempt to get an order of investigation.   This is an important feature of the present BNSS as opposed to the earlier CrPC in which Section 156(3) had not mentioned some of these procedures. The Supreme Court has pointed out certain distinguishing features between these two provisions, such as sending information in writing to the SP and an application in affidavit form, and even an inquiry by the Magistrate and hearing of the police officer.   What Should You Do After Police Refusal?   For readers searching for what to do if police refuse to register an FIR , the immediate...

When an FIR has been lodged against you, one common query that arises is: how long will the whole process take?   There is no standardised period for the entire process of an FIR becoming a judgment in all cases across India. This period depends on the stage reached, the nature of the crime, evidence, witnesses, court backlog, applications for adjournments, etc.   The criminal trial duration in India – from FIR to judgment – must be evaluated by taking into consideration the current stage of the process.   How Long Can A Criminal Case Take? There is no specific deadline which would apply in the case of every prosecution from the registration of an FIR till final judgment.   An ongoing investigation may have most of the steps left, whereas in case of a case where everything else is already completed, then there is only judgment left.   For getting a practical idea, one should look for whether the investigation is completed, whether discharg...

A supplier fails to make the delivery on time, a customer refuses to pay, or a contractor walks out of the project. All these scenarios involve a breach; however, litigation might not be the answer every time. An organisation should determine what contract obligation was violated, the loss incurred and the desired result. Compensation, termination and specific performance can play very different roles in the process and have varying requirements. When Is a Breach of Contract Occurring? What Should the Law Say? According to section 37 of the Indian Contract Act, 1872, performance of the promises should take place unless there are exceptions established by law. The existence of a breach will depend on the agreement, sequence of obligations and any valid modification. How Can an Organisation Detect a Breach? Let us say that a manufacturing company has promised to provide 1,000 units of some parts by 30 September but supplied only 600. The buyer may have a claim. However, the p...

An individual misappropriates company money, manipulates company documents or makes use of company property in order to commit fraud.   One of the key issues regarding corporate director criminal liability for employee fraud in India is whether the director could be prosecuted solely based on the fact that the employee committed the act inside the company.   Just being a company director does not mean automatic liability. Liability will depend on the applicable law, the position of the director and the connection between the act and the director.   There are grounds for criminal liability if the individual was the one who: ●        personally committed the act; ●        intentionally helped to commit the act; ●        authorised, consented to and connived at the act; or ●        the statute provides him or her with liability. ...