Can a private citizen set the criminal law in motion? usually, the answer is a resounding "Yes." The principle of locus standi is foreign to criminal jurisprudence—anyone can knock on the doors of the police to report a crime.
But what happens when a special statute
steps in?
In the recent ruling of Dhanraj N Asawani vs. Amarjeetsingh Mohindersingh Basi 2023 INSC 710 , the Supreme Court of India delivered a masterclass on statutory interpretation. While the case dealt with the Maharashtra Co-operative Societies Act, it provided a brilliant comparative analysis of Section 23 of the MCOCA, clarifying exactly what it takes for a special law to override the Code of Criminal Procedure (CrPC).
Here is why the difference between a
"Positive Duty" and a "Negative Bar" changes everything for
criminal practitioners.
Read full judgment here: Click here
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