The Ghost in the Machine: How the Law Finally Deciphered the Corporate ‘Guilty Mind’

 

A corporation is a legal phantom: it has no physical body to commit a crime and no soul to harbor "guilty" intent. For decades, this metaphysical gap allowed entities to navigate a jurisdictional "no man’s land," often escaping liability because prosecutors could not identify a specific human "alter ego" to pin the blame on. However, the legal landscape has undergone a seismic shift.

The landmark case of Sanofi India Ltd. v. Central Bureau of Investigation (2026) has dismantled the traditional "Humanlike" view of corporate crime. The case involved allegations that a scientific officer at the Bhabha Atomic Research Centre (BARC), Dr. P. Anand, manipulated procurement processes to favor Sanofi India in exchange for illegal gratification. While Sanofi itself was charged, no specific employee of the company was arraigned alongside it. This set the stage for a Supreme Court of India ruling that provides a sophisticated new architecture for corporate criminal liability.

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When the Company Thinks: Sanofi India and the New Architecture of Corporate Criminal Liability

 

Introduction

A corporation has no hands with which to act and no mind with which to intend. Yet modern criminal law increasingly treats the corporation as a real institutional actor capable of causing public harm. The Supreme Court’s decision in Sanofi India Ltd. v. Central Bureau of Investigation, Criminal Appeal No. 4250 of 2026, reported as 2026 INSC 957, addresses the difficult bridge between corporate personality and criminal responsibility: when may the conduct and mens rea of a natural person be treated as the conduct and mens rea of the company?

Read full judgment here: Click here.

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Supreme Court: A company can face criminal prosecution for an offence requiring mens rea even if the individual employee or officer through whom the alleged offence was committed has not been arraigned as an accused

 Corporate Criminal Liability — Whether a corporation can be prosecuted for an offence requiring mens rea without identification or arraignment of the natural person through whom the offence was allegedly committed — Held, non-identification and non-arraignment of a natural person do not, by themselves, justify quashing of criminal proceedings against a company at the threshold stage under S. 482 CrPC — The allegations must, however, prima facie disclose (i) that some natural person or persons acted on behalf of the corporation, (ii) that such action is referable to the offence in question, and (iii) that the surrounding circumstances do not render the existence of the requisite mens rea patently absurd or inherently improbable — Where these are shown, identification of the precise individual and his arraignment as a co-accused are matters going to the strength of the prosecution's case, to be established at trial, and not conditions precedent to maintainability of the prosecution against the corporation.  

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 4250 OF 2026

SANOFI INDIA LTD. Vs  CENTRAL BUREAU OF INVESTIGATION 

Author: J.B. PARDIWALA, J.

Citation: 2026 INSC 957

Dated: 7th September, 2026.

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Supreme Court explains 4-Steps To Test If Criminal Case Can Be Quashed Based On Defence Material Before Trial

 In Rajiv Thapar and Others v. Madan Lal

Kapoor8, this Court laid down a 4-step test to

determine if criminal proceedings can be

quashed on the basis of defense

material/official records prior to trial:

“30. Based on the factors canvassed in the

foregoing paragraphs, we would delineate the

following steps to determine the veracity of a

prayer for quashment raised by an accused by

invoking the power vested in the High Court

under Section 482 CrPC:

30.1. Step one: whether the material relied

upon by the accused is sound, reasonable, and

indubitable i.e. the material is of sterling and

impeccable quality?

30.2. Step two: whether the material relied

upon by the accused would rule out the

assertions contained in the charges levelled

against the accused i.e. the material is

sufficient to reject and overrule the factual

assertions contained in the complaint i.e. the

material is such as would persuade a

reasonable person to dismiss and condemn the

factual basis of the accusations as false?

30.3. Step three: whether the material relied

upon by the accused has not been refuted by

the prosecution/complainant; and/or the

material is such that it cannot be justifiably

refuted by the prosecution/complainant?

30.4. Step four: whether proceeding with the

trial would result in an abuse of process of the

court, and would not serve the ends of justice?

30.5. If the answer to all the steps is in the

affirmative, the judicial conscience of the High

Court should persuade it to quash such

criminal proceedings in exercise of power

vested in it under Section 482 CrPC. Such

exercise of power, besides doing justice to the

accused, would save precious court time,

which would otherwise be wasted in holding

such a trial (as well as proceedings arising

therefrom) specially when it is clear that the

same would not conclude in the conviction of

the accused.”{Para 19}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2026

(ARISING OUT OF SLP (CRL.) NO.2939 OF 2026)

RAHUL  Vs  STATE OF UTTAR PRADESH

Author: AUGUSTINE GEORGE MASIH, J.

Citation: 2026 INSC 825.

Read full judgment here: Click here.

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Bombay HC: Where a special statute like FSSA occupies the field with an overriding effect (Section 89 FSSA), the general law (IPC) cannot be invoked, and simultaneous prosecution under both is not permissible

 IPC sections 272, 273, and 328 cannot be invoked when the same subject matter is covered by FSSA, a special law - Section 59 of FSSA is broader than IPC Sections 272 and 273 - Where a special statute like FSSA occupies the field with an overriding effect (Section 89 FSSA), the general law (IPC) cannot be invoked, and simultaneous prosecution under both is not permissible - 

 IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Criminal Application (Apl) No. 1776 of 2025

Decided On: 24.04.2026

Mohammad Bilal Moammad Yakub and Ors. Vs. State of Maharashtra and Ors.

Hon'ble Judges/Coram:

Vrushali V. Joshi, J.

 Citation: 2026:BHC-NAG:6496-DB, MANU/MH/4024/2026

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Bombay HC: Prosecution under SC & ST (Atrocities) Act is liable to be quashed if caste of the complainant or the accused is not mentioned in the complaint

The learned Counsel for the applicant had relied on a decision of this Court reported in MANU/MH/0877/2005 : 2005(4)MhLj588 , Manohar Kulkarni v. State of Maharashtra. This Court has made the following observations.

It is a precondition that person committing the alleged offence must not be belonging to Scheduled Castes or Scheduled Tribes. In the report filed in the Police Station, there ought to have been some averment indicating that the offender does not belong to Scheduled Castes or Scheduled Tribes. In the absence of such averment or any other material before the Police Station Officer for coming to the conclusion that the accused named in the said report does not belong to Scheduled Castes or Scheduled Tribes, the offence under Section 3 of the Atrocities Act cannot be registered.

It is apparent from this observations of this Court that the F.I.R. should not only disclose the caste of the complainant but it must also disclose the caste of the accused. If we go through the F.I.R., copy of which has been filed on record of this case, it would be clear that the report does disclose the caste of the complainant but it does not disclose the caste of the offender at all. The learned Counsel for the complainant/respondent No. 2 submitted that when the caste of the complainant itself is disclosed and it is alleged that he was abused on the basis of the caste, he is the person who does not belong to scheduled caste. Such an inference cannot be drawn. He also submitted that even if name of the complainant is seen, he does not belong to scheduled caste. Even such an inference cannot be drawn. The surnames in the State of Maharashtra is very deceptive. For instance, surnames Athawale, Abhyankar are to be found amongst Brahmins and such surnames are also to be found amongst scheduled castes. It cannot, therefore, be said that the surname can be a guide to find a caste of any particular person. It is particularly for this reason that it becomes necessary that the caste of the offender must also be disclosed in the complaint. In this particular case, the caste of the complainant is not disclosed in the complaint and yet the offence has been registered by the police. This Court in Manohar Kulkarni's case has specifically held that in no case the Police Officer can register an offence if caste of the complainant or the accused is not mentioned in the complaint. {Para 4}

8. Since I am bound by the decision in Manohar Kulkarni's case, I must hold that the F.I.R. under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act needs to be quashed. Hence, the following order. The petition is allowed to the extent that the F.I.R. registered under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act stands quashed.

 IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Cri. Appln. No. 1877 of 2007

Decided On: 04.10.2007

Prakash Vs. State of Maharashtra and Ors.

Hon'ble Judges/Coram:

C.L. Pangarkar, J.

Citation:  MANU/MH/1127/2007,2008(1) MHLJ 139,2008(2) Crimes 168.

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Bombay HC: In-Laws Can't Be Booked U/S 498A of IPC Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty

 In the case of R. P. Kapur V/s. State of Punjab, reported in MANU/SC/0086/1960 : 1960:INSC:61 : AIR 1960 SC 866, the Hon'ble Apex Court had summarized the categories of cases where inherent powers can and should be exercised to quash the proceedings. The three categories are reproduced here-in below :

(i) where it manifestly appears that there is legal bar against the institution or continuance e.g. want of sanction;

(ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged;

(iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. {Para 15}

16. In our opinion, the case of the present Applicants would fall under the category (ii) from the above referred three categories, where the allegations in the FIR or the complaint taken to its face value and accepted in their entirety do not constitute the offence alleged. Merely, remarks in the complaint about the supporting the accused No.1 while narrating some of the incidents would not per se amount to committing the offences which they have been alleged of. It would be unfair to continue the prosecution against the present Applicants for the conduct of the accused No.1, in which they have been unfortunately dragged. From the various incidents which have been narrated by the Respondent No.2 as well as the witnesses, who are her near relatives, there does not appear to be complicity of the present Applicants. The continuation of present proceedings against the Applicants would cause injustice and hardship to the Applicants. Even otherwise, the material collected during the investigation does not support the charges levelled against the present Applicants. The malafide proceedings initiated against the present Applicants needs to be curbed at this stage itself, in order to prevent abuse or process of law and miscarriage of justice, since it is obvious that the allegations are not supported by any other cogent material and have been made with a view to wreak vengeance against the present Applicants.

 IN THE HIGH COURT OF BOMBAY

Criminal Application (APL) No. 1241 of 2014 and Interim Application No. 779 of 2020

Samad Habib Mithani and Ors. Vs. The State of Maharashtra and Ors.

Hon'ble Judges/Coram:

Bharati H. Dangre and Manjusha Ajay Deshpande, JJ.

Author: Manjusha Ajay Deshpande, J.

Decided On: 25.07.2024.

Citation:  MANU/MH/4875/2024.

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Supreme Court has quashed conviction under S 138 of NI Act when accused has paid compensation to complainant

 Even though complainant is unwilling to compound the case but,

considering the totality of facts and circumstances of the present case

which we have referred above, we are of the considered view that these proceedings must come to an end. We, therefore, allow this appeal and set aside the impugned order of High Court dated 29.11.2022. We also quash all the criminal proceedings qua appellant arising out of FIR No.35 of 2014 at P.S Mahesh Nagar, Ambala pending before Chief Judicial Magistrate, Ambala. Since, criminal appeals filed by present appellant against his conviction under Section 138 of the NI Act are also pending, we deem it appropriate that the said proceedings should also be quashed. Hence, in order to do complete justice, we exercise our powers under Article 142 of the Constitution of India, and hereby quash all the pending criminal appeals on the file of Additional Sessions Judge, Ambala Cantt., against the appellant in the present matter, and set aside the conviction and sentence awarded to the appellant by the trial court.

{Para 14}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2210 OF 2024

RAJ REDDY KALLEM Vs THE STATE OF HARYANA & ANR. 

Dated: April 08, 2024.

Citation:  2024 INSC 347.

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When prosecution U/ S 353 of IPC is liable to be quashed?

A plain reading of this provision indicates that first and foremost requirement for attracting rigour of this provision is that the public servant must be discharging his duty. Needless to say that such duty must be ‘lawful’. Unlike in some other provisions, the “purported discharge of duty” by public servant, is not contemplated herein. Hence for making this provision applicable, the discharge of lawful duty is a condition precedent.

{Para 8}

16. It further needs to be recorded that as per first information report of respondent No. 2, the said incident has not occurred at the time of actual demolition but prior to 2-3 hours thereof, when respondent No. 2 claims to have been to the spot. Thus, there is apparently no discharge of duty in any manner whatsoever sought to be done by the respondent No. 2 and hence even otherwise he has neither been obstructed nor been deterred to desist from discharge of duty. Considering the aforesaid facts even if the first informant report is accepted in his entirety as true, still no offence punishable under Section 353 is made out against the applicant.

 In the High Court of Bombay,Aurangabad Bench

(Before Anuja Prabhudessai and R.M. Joshi, JJ.)

Amer Khan  Vs State of Maharashtra and Others

Cri minal Application No. 3312 of 2019

Decided on February 22, 2023,

2023 SCC OnLine Bom 818 : (2023) 2 AIR Bom R (Cri) 399 : 2023 Cri LJ (NOC 259) 85

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Bombay HC: FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence

To equip the revisional court to exercise the discretion in a correct manner, it may be advantageous for the revisional court to ascertain whether, pursuant to the direction of the Magistrate, FIR has, in fact, been registered. Two situations are conceivable : pre and post-registration of FIR pursuant to the order by the Magistrate. {Para 125}

126. (a) If the FIR is yet not registered, an interim order passed by the revisional court, staying effect and operation of the impugned order Under Section 156(3), will have full play and the investigating agency cannot proceed to register the FIR and enter into investigation lest the order passed by the revisional court would be denuded of the meaning and content.

(b) Such an interim order before the registration of the FIR will operate with full force and vigor, irrespective of the nature of the infirmity in the impugned order which weighed with the revisional court to stay such an order.

(c) On the other hand, if the FIR has already been registered, before the revisional court passes an interim order, then the nature of the infirmity in the impugned order may become relevant.

(d) If the revisional court finds that the impugned order suffers from jurisdictional error, (of the nature referred to in Para Nos. 119, 120 and 122 above), in our considered view, the revisional court must be construed to have the power to stay further proceedings pursuant to the registration of the FIR if the matter is still at the stage of investigation.

(e) We hasten to add that while passing such an order of stay of the proceedings at the stage of investigation, the revisional Court ought to record reasons which weighed with the court to hold that there appears a jurisdictional error in passing an order Under Section 156(3) of the Code and thereupon, in terms, direct that the further proceedings be stayed.

(f) However, where the investigation culminates into lodging of the chargesheet and/or cognizance has been taken by the jurisdictional court, the interim order or final order passed by the revisional court setting aside the order passed by the Magistrate Under Section 156(3), will not have the effect of quashing the resultant prosecution.

127. We are unable to persuade ourselves to agree with the submission of Mr. Desai that the view that after FIR is registered revision is not an efficacious remedy, would render the statutory remedy of revision redundant. The order passed by the revisional Court setting aside a direction for investigation, even after registration of the FIR, cannot be said to be bereft of any utility. If such an order is passed before the completion of investigation, the investigating agency may take the same into account in determining the course the investigation shall culminate into. If such an order is passed, post lodging of the chargesheet, the jurisdictional Magistrate may have the benefit of the said order at the stage of taking cognizance or during the course of the inquiry, as envisaged by the Code. The High Court may also have due regard to the order of the revisional Court while considering the prayer for quashing the FIR and/or prosecution in exercise of writ or inherent jurisdiction.

128. The conspectus of aforesaid discussion is that in our view, the decision of the Division Bench in the case of Kailash Dattatraya Jadhav (supra), that in a case where on the basis of an order Under Sub-section (3) of Section 156 of the Code, FIR is registered, the remedy of revision under the Code, is not an efficacious remedy, lays down the correct position in law.

[O] ANSWERS

129. We are, therefore, inclined to answer question (i) in the negative. As regards question (ii), in our view, the revisional Court can interfere with an order Under Section 156(3) at the stage and to the extent indicated in paragraph 126 above. The Reference is answered accordingly.

 IN THE HIGH COURT OF BOMBAY

Writ Petition Nos. 2517 of 2022, 

Decided On: 10.04.2024

Arun P. Gidh and Ors. Vs. Chandraprakash Singh and Ors.

Hon'ble Judges/Coram:

Revati Mohite Dere, N.J. Jamadar and Sharmila U. Deshmukh, JJ.

Author: N.J. Jamadar, J.

Citation:  MANU/MH/2292/2024.

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Whether merged entity will be liable for criminal prosecution for pre-merger crimes?

Provided that where a contravention of any of the provision of any statute or of any rule, Regulation, direction or order made thereunder has been committed by or any proceeding for a criminal offence has been instituted against, a director or secretary, manager, officer or other employee of the transferor bank before the appointed date, such director, secretary, manager, officer or other employee shall, without prejudice to the application of Section 6 of the General Clauses Act, 1897 (10 of 1897), be liable to be proceeded against under such law and punished accordingly, as if the transferor bank, being a banking company had not been dissolved.

32. Every scheme of amalgamation is statutory and sanctioned under the Banking Act. Such amalgamation is to ensure that the interests of the depositors, the creditors and others who had invested, or given credit to in the erstwhile bank, before its sickness, and that the general public are protected. It aims at securing larger public interest and health of the banking industry. Late intervention into the affairs of a bank can result in a "run" on it, resulting in serious loss of confidence in the intricately woven banking and financial system. If one sees this and the overall objective of the scheme, it is to ensure recovery of what are the bank's dues and ensuring protection of the creditors. Clause 3 (3) of the scheme, therefore, has to be considered from this backdrop. In this context, the express mention of directors and such other individuals in the proviso means that it is to that extent only that prosecutions or other criminal proceedings can continue; in the ordinary sense, criminal liability can neither be attributed to DBS nor its directors, brought in after the amalgamation, whose appointments were approved by the RBI.

34. It is, therefore, clear that the criminal liability of the individuals now attributed to DBS are actions of (1) Anjani Kumar Verma, (2) S. Venkatesh, (3) Pradeep Kumar and (4) Parthsarathi Mukherjee. They were all officials of LVB. Their individual responsibility and accountability in criminal law, is and remains unaffected by the amalgamation. Therefore, there is in fact, no involvement of DBS Bank, revealed in the charge sheet filed by the Delhi Police. In completely ignoring these aspects and proceeding on a rather superficial basis, the High Court, in our considered opinion fell into error.

35. There is no gainsaying that the power to quash a criminal investigation or proceedings should not be lightly exercised. Yet, to refuse recourse to that power, in cases that require or may demand it, is being blind to justice, which the courts can scant afford to be. In the present context, the public's confidence in the banking industry was at stake, when RBI stepped in, imposed the moratorium and asked DBS to take over the entire functioning, management assets and liabilities of the erstwhile LVB. To permit prosecution of DBS for the acts of LVB officials (who are in fact, facing criminal charges) would result in travesty of justice. Therefore, the pending criminal proceedings (arising out of FIR - 189/2019 registered at P.S. Economic Affairs Wing, New Delhi), to the extent it involves DBS, which was the subject matter of the impugned judgment and all consequent proceedings arising therefrom (to the extent of involvement of DBS), are hereby quashed.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 2242 of 2023 and 2243 of 2023

Decided On: 11.09.2023

Religare Finvest Limited Vs. State of NCT of Delhi and Ors.

Hon'ble Judges/Coram:

S. Ravindra Bhat and Aravind Kumar, JJ.

Author: S. Ravindra Bhat, J.

Citation: MANU/SC/1004/2023,2023/INSC/819

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Whether mental cruelty is possible to a woman even if In-Laws are residing separate?

 These allegations in the FIR some of which can be found in the statements of the witnesses show that these applicants, prima facie, subjected non-applicant no. 2 to humiliation, harassment and cruelty of such a nature as is contemplated under Section 498-A of the IPC and therefore, we are of the view that there is prima facie case made out against each of the applicants, inspite of their sometimes residing away from the place where non-applicant no. 2 resided. One cannot forget the fact that cruelty as envisaged under Section 498-A of the IPC is not only physical, it also takes within its fold several other forms of cruelty, including mental cruelty. The mental cruelty is an abstract concept and it is a matter of experience for a person who is subjected to cruelty. Many a times certain taunts are made against another person but it all depends upon the manner in which the person takes those remarks or responds to them. Sometimes, the taunts might be seen to be innocuous by one person, while they may not be necessarily so perceived by another person. There are also certain derogatory remarks, which have been held by Supreme Court to be presumptively constituting cruelty within the meaning of Section 498-A of the IPC, as for example consistently suspecting fidelity of wife {See A. Jayachandra Vs. Annel Kaur [MANU/SC/1023/2004 : (2005) 2 SCC 22]}. Such being the nature of mental cruelty, it is not necessary that it must take place in the physical presence of persons and that it can be handed out even from a distant place. Here, in this case, for meting out mental cruelty to non-applicant no. 2, of course, in prima facie way, these applicants seems to have employed modern means of communication i.e. telephone etc. and on many occasions, they have also remained present in the company of non-applicant no. 2. Therefore, this is not a case where the applicants, by virtue of their separate residence, could be presumed to not have treated non-applicant no. 2 in a cruel manner. {Para 7}

 IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Criminal Application (APL) No. 1660 of 2022

Decided On: 22.12.2022

Sunita Kumari and Ors. Vs. State of Maharashtra and Ors.

Hon'ble Judges/Coram:

S.B. Shukre and M.W. Chandwani, JJ.

Author: S.B. Shukre, J.

Citation: MANU/MH/4535/2022.

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When the court should not quash prosecution against partner of a firm in a complaint for dishonour of cheque?

 The specific allegations made against the Accused in the complaint, including the Respondent No. 1, were that they were in-charge of and were responsible for the affairs of the Respondent No. 3 firm, for conduct of the business affairs of the firm. Thus, they were liable to be proceeded against and punished. The offence has been committed with the consent and connivance of the Accused Nos. 2 to 4, which included the Respondent No. 1.{Para 18}

19. The High Court had accepted the argument raised by the Respondent No. 1 and quashed the summoning order as well as the complaints against him, accepting the plea that he had retired from the partnership firm for which a Retirement Deed was already executed on 01.04.2018. In our opinion, the plea taken by the Respondent No. 1 seeking quashing of the summoning order and the complaints filed against him was not tenable, for the reason that, it would be a matter of evidence to be proved before the trial Court, as to whether any Retirement Deed was issued and a public notice concerning the same was issued, before the complaints were filed. The fact remains that, a public notice regarding retirement by the Respondent No. 1 from the firm was issued on 09.02.2022 i.e., much after the complaints had been filed and the summoning order had been issued by the trial Court on 05.02.2020. Even the quashing petitions were filed by the Respondent No. 1 in October 2021. The public notice was issued few days before the High Court decided the quashing petition on 14.03.2022. It is not the case set up by the Respondent No. 1 that in the Partnership Deed it is mentioned that he was a sleeping partner in the firm. Under such circumstances, the Retirement Deed dated 01.04.2018 sought to be produced by the Respondent No. 1 for quashing of the summoning order and the complaints could not be taken on its face value, and treated as clinching evidence to quash the complaints. It would be a matter of evidence to be led before the trial Court.

20. It is well settled that the final judgment of the trial Court will depend on the evidence adduced before it. As there are specific allegations against the Respondent No. 1 in the complaint and he was admittedly a partner in the partnership firm when the rent deed was executed, he is liable to face prosecution. Powers Under Section 482 of the Code can be exercised by the High Court in case when it comes across unimpeachable and incontrovertible evidence to indicate that the partner of the firm did not have any concern with the issuance of cheques. The case in hand is not of that kind.

IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 2510-2552 of 2023.

Decided On: 23.08.2023

Riya Bawri and Ors. Vs. Mark Alexander Davidson and Ors.

Hon'ble Judges/Coram:

Hima Kohli and Rajesh Bindal, JJ.

Author: Rajesh Bindal, J.

Citation:  MANU/SC/0918/2023,2023/INSC/757.

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Address by a Preacher: Techniques for Conceiving a Male Child – Does It Constitute Advertisement under the PCPNDT Act, and Can the Preacher Be Prosecuted?

Facts giving rise to the petitions in short are that respondent No. 1 happens to be a public speaker (Kirankar). Kirtankar is person who normally gives speeches in lucid manner before the gathering and people at large assembled for discourse. Kirtankars have influence over people in rural and semi-urban areas. Respondent as per the allegations in his Kirtans had addressed gathering about so called techniques as to how to conceive a male child by giving certain extracts from the religious and also from some books on Ayurveda. Said speech was given on 04-01-2020 and on the same day it was also uploaded on the 'youtube' channel. It is stated in the said speech that if husband and wife come in contact on the even-dates then wife conceives a male child if it is on the odd dates then it would be a female child. If the contact takes place at inauspicious time then child born spoils the name of family. He also further stated that even after six months if a fetus in womb takes a round on right side it turns to be a male child and takes round of left side then it turns to be a female child by giving some examples.

{Para 9}

20. This definition clearly speaks as to what amounts to sex selection. Considering definition under Section 2(O) we need to consider whether section 6(c) is attracted prima-facie. Section 6(c) clearly speaks that such propagation whether before or after conception. In this case if the words are taken as it is certainly may appear to be advertisement or propagating technique of sex selection. The words advertisement propagation are used in wide sense and needs to be taken in their wide meaning. It cannot be restricted only to the extent of diagnostic centre, clinic but anything that propagates or tries to impose upon the message that by use of certain techniques sex of foetus can be selected. Learned Sessions Court further erred in that there has to be clinic diagnostic centre or modern technique of which advertisement is made. In this case the respondent has not only advertised but has claimed the information about the techniques to be correct and having scientific base. He also supports that such texts has religious sanctity which make it more serious looking to the people before whom speeches are made.

 IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Criminal Writ Petition No. 546 of 2021, 

Decided On: 16.06.2023

Ranjana Pagar Gawande  Vs.  Nivrutti Kashinath Deshmukh and Ors.

Hon'ble Judges/Coram:

Kishore C. Sant, J.

Citation: MANU/MH/2147/2023.

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Whether the court quash prosecution against accused for an offence under MCOC Act if he was not present on the spot?

The law on the point of invocation of MCOC is well settled This Act is enacted to prevent and control an organized crime. Organized crime is different from regular crime. If for gaining pecuniary benefits, economic/other advantage unlawful activity is continued it is an organized crime. It must be undertaken on behalf of the organized crime syndicate. It means if there is crime syndicate and they are involved in criminal activity and it has became their source of livelihood, it attracts the provisions of stringent MCOC Act. Normal criminal law is not sufficient to control the activities. {Para 17}

18. It is not necessary that every time same set of criminals will commit that offence. There may be new accused or combination of old and new participants. What is important is all these offences are connected through the web of organized crime syndicate. On this background, if we see the previous offences, we may be find that the gang leader accused Shankar Dashrath Salve is arrested. There is combination of different accused. Accused Shankar Dashrath Salve is involved in present offence. Present Petitioner assisted the arrested accused in committing the offence. Helping them to run, to take shelter attracts invocation of Indian Penal Code. In that manner Petitioner has become member of that crime syndicate.

19. After considering the ratios laid down in above referred judgments, we do not feel that the action of the police in showing the Petitioner as wanted accused does amount to abuse of the process of the Court. It is for the reason that the investigation so far carried out suggest the involvement of the Petitioner. It is not always necessary that every accused must be present on the spot. There are various circumstances in the chain f (sic)circumstances. In that chain, it may happen that set of accused persons may be present at the spot, some of the accused have played a role prior to commission of offence and some of them have participated post commission of offence. Materials shown to us do suggest involvement of the Petitioner in helping the assailants in different manners.

 IN THE HIGH COURT OF BOMBAY

Criminal Writ Petition No. 3812 of 2021

Decided On: 28.03.2022

Rajendra Bhau Patole  Vs. The State of Maharashtra

Hon'ble Judges/Coram:

P.B. Varale and S.M. Modak, JJ.

Author: S.M. Modak, J.

Citation: MANU/MH/1201/2022

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Whether High court can quash prosecution under The prevention of Corruption Act if there is compromise between victim and accused?

  Thus it is clear from the march of law that the Court has to go slow even while exercising jurisdiction under Section 482 Cr.PC or Article 226 of the Constitution in the matter of quashing of criminal proceedings on the basis of a settlement reached between the parties, when the offences are capable of having an impact not merely on the complainant and the accused but also on others. {Para 42}

43. As seen from the final report filed in this case and the counter affidavit filed by the I.O., persons who have adopted corrupt practices to secure employment in the Transport Corporation fall under two categories namely, (i) those who paid money and got orders of appointment; and (ii) those who paid money but failed to secure employment. If persons belonging to the 2nd category are allowed to settle their dispute by taking refund of money, the same would affix a seal of approval on the appointment of persons belonging to the 1st category. Therefore, the High Court ought not to have quashed the criminal proceedings on the basis of the compromise.

44. It is needless to point out that corruption by a public servant is an offence against the State and the society at large. The Court cannot deal with cases involving abuse of official position and adoption of corrupt practices, like suits for specific performance, where the refund of the money paid may also satisfy the agreement holder. Therefore we hold that the High Court was completely in error in quashing the criminal complaint.

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION 

CRIMINAL APPEAL NO. 1514 OF 2022 

 P. DHARAMARAJ Vs SHANMUGAM & ORS.

Coram: S. ABDUL NAZEER; J., V. RAMASUBRAMANIAN; J. 

Author: V. RAMASUBRAMANIAN, J.

Dated: September 8, 2022

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Whether the court can quash prosecution against accused under Food safety Act if there no FSL report or expert report?

As seen from the material placed on record, there is no FSL or expert report to the effect that the substance seized is dangerous/hazardous to public health. Hence, it is pertinent to

state that continuation of proceedings in the subject C.C is nothing but abuse of process of law. Therefore, the proceedings against the petitioner/A2 in the subject case are liable to be quashed.

TELANGANA HIGH COURT

Vinod kumar Vyas Vs State of telangana

 THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

CRIMINAL PETITION No.8237 OF 2021

Date: 12.11.2021

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Can S 4 and 5 of CRPC be applied to prosecution under IPC?

 Sections 4 and 5 Cr.P.C. read as follows:-

"4 Cr.P.C. Trial of offences under the Indian Penal Code and other laws.-

(1) All offences under the Indian Penal Code (45 of 1860 ) shall be

investigated, inquired into, tried, and otherwise dealt with according tothe provisions hereinafter contained.

(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

"5 Cr.P.C. Saving.- Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the  time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force."

Recently the Apex Court in Noorulla Khan Vs. Karnataka

State Pollution Control Board, AIR 2021 SC 3438, has held

that Section 5 of Cr.P.C. applies to the proceedings under the

Special Act. The Act specifies certain procedural justice and

protection. Proceedings under the Indian Penal Code would be

governed by the Criminal Procedure Code only and therefore,

the provisions of Section 5 of Cr.P.C. and 468 Cr.P.C. read with

contours for invoking Article 226 of the Constitution will not

permit us to interfere in the investigation as prima facie, facts

go to show that the ingredients of Section 406, 420 and 120-B

IPC are made out against the accused. The actus reus is also

prima facie proved to dupe the informant.

Accordingly, the petition is devoid of merit and is dismissed

with the costs of Rs.5,000/- as Sections 4 and 5 of Cr.P.C.

cannot be made applicable to the facts of this case as we have

elaborately discussed that the complainant/informant has not

invoked the provisions of the special Act (N.I. Act) but the

alleged commission of offences punishable under the Indian

Penal Code triable as per procedural law i.e. Criminal

Procedure Code, the investigation cannot be quashed.

ALLAHABAD HIGH COURT

Case :- CRIMINAL MISC. WRIT PETITION No. - 7685 of

2022

Petitioner :- Mohar Pal And Another

Respondent :- State Of U.P. And 2 Others

Coram: Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.

Order Date :- 21.6.2022

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Whether high court can quash prosecution for an offence under POCSO Act if compromise is done by parents of victim child?

 Another thing that needs to be noticed is that in the case of

child the compromise affected between the parents cannot be recognized. Any agreement/compromise executed by the child (till the age of majority) himself/herself as in the present case will be void ab initio and thus cannot be accorded validity. Parents cannot be allowed to compromise the dignity of a child by an agreement. Where ever and whenever in a society governed by rule of law the question will arise: who will protect from the

protector? The only and obvious answer will be-LAW. “Children are human beings to whom respect is due, superior to us by reason of this innocence and of the greater possibilities of their future”

Maria Montessori

It is the aforesaid ethos that stands embedded in the

Constitution of India by the founding fathers and the POCSO Act

recognizes this.

The compromise affected by the child and/or her parents,

compromising the dignity of the child cannot be raised to a status where it defeats the very object of the Act. Power granted under Section 482 Cr.P.C cannot be exercised to defeat the purpose of an enactment enacted in discharge of Constitutional mandate as well as obligation arising out of International Conventions.

Consequently, this Court finds that the FIR registered for

offences punishable under the Act cannot be quashed on the basis of compromise.

 IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRM-M- 3397-2021(O&M)

Surinder Kumar Vs. State of Haryana and others

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Decided on: May 11, 2022

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Whether the court can quash prosecution for dishonour of cheque if cheque is returned with endorsement that Account Frozen?

 Learned counsel for the respondent further submits that the Bank Managers (DW2 and DW3) have specifically deposed that no such bank account was opened and maintained in their bank.

On the other hand, learned counsel for the appellant pointed out Annexure P-2 which is the dishonoured cheque and return

memo where it has been endorsed as “ACCOUNT FROZEN”.

After perusing Annexure P-2, it is surprising that on the

one hand, the Bank Managers have specifically deposed that no such bank account was opened and maintained in their bank while on the other hand the cheque drawn by the respondent in favour of the appellant, was returned with the remark “Account Frozen” in respect of the same cheque. The bank account has been mentioned on the cheque and the endorsement to the effect “Account Frozen” will presuppose that an account existed. This is a matter which is to be taken into consideration by the trial court in detail, and not merely on the evidence of DW2 and 3. The parties will have to go through a full-fledged trial. In any event, it was not a matter the proceedings could have been quashed. We, accordingly, feel it was premature to quash the

complaint filed by the appellant herein, by the High Court.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.289 OF 2022

VIKRAM SINGH  Vs SHYOJI RAM 

Dated: FEBRUARY 18, 2022.

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