Asia: Criminal Law

A critical issue that has arisen in recent jurisprudence is whether, and to what extent, the NCLT can examine allegations of fraud in the insolvency process. While the IBC aims at swift resolution, the presence of fraudulent intent in initiating or conducting insolvency proceedings challenges this efficiency

Imagine waking up to a phone call from a stranger who claims to be a police officer. They speak with such authority and confidence that you have no reason to doubt them. The words "You are under investigation" and "We have flagged your online activity" send a chill down your spine. Panic sets in as the voice on the other end of the line demands that you provide payment immediately to avoid arrest.

This newsletter examines recent Supreme Court judgments across arbitration, civil law, criminal law, insolvency, and white-collar crime. Key rulings address the binding of non-signatories to arbitration agreements, the scope of "industry" under the Industrial Disputes Act, limitations on FIR registration following Section 156(3) rejections, and the evidentiary requirements for proving bribery demands under the Prevention of Corruption Act.

Imagine waking up to a phone call from a stranger who claims to be a police officer. They speak with such authority and confidence that you have no reason to doubt them. The words "You are under investigation" and "We have flagged your online activity" send a chill down your spine. Panic sets in as the voice on the other end of the line demands that you provide payment immediately to avoid arrest.

The purpose and goal of criminal procedure should be to strike a balance between the rights of the victim and the accused, while ensuring a transparent and fair investigation process. A well-documented procedure, more often than not, thwart malicious endeavors to abuse the law of the land.

The registration of a criminal case against five daycare workers at a crèche operating within Capgemini Technology Services India Limited’s Brookefield campus in Bengaluru has brought renewed attention to a persistent gap in Indian law: the absence of a uniform, enforceable regulatory framework for workplace and standalone childcare facilities. The allegations — involving toddlers left in the care of employer-provided crèche staff — raise questions spanning criminal law, child protection legislation, employer obligations under labour law, and, increasingly, data protection law given the role that recorded video evidence played in bringing the matter to light.

New South Wales has introduced permanent legislation allowing police to use metal detector wands to scan people for knives in designated public areas, following successful trial operations that seized 380 weapons. The reforms expand police powers while raising concerns about civil liberties, racial profiling, and the potential for these scans to become stepping-stones for more invasive searches, despite knife crime being at an all-time low in NSW.

The Supreme Court of India has once again reaffirmed the settlement-oriented philosophy underlying cheque dishonour litigation by holding that an offence under Section 138...

The NSW Court of Appeal has struck down sweeping anti-protest laws enacted after the Bondi Beach terror attack, ruling that police powers to ban public assemblies across broad geographic areas violated constitutional protections for political communication. The landmark decision examines whether governments can impose blanket restrictions on peaceful protests during times of heightened security concerns, and what constitutional limits exist on such powers.

A company, in the eyes of law, is a separate legal person. But unlike an individual, it cannot think, speak or act on its own. Every corporate decision is ultimately taken by people—directors...

India's regulatory landscape witnessed heightened enforcement activity in July 2026, with the Enforcement Directorate executing major asset attachments exceeding ₹20,000 crore in high-profile cases...

A whistle-blower, whether an individual or a collective entity, is generally an insider who possesses first-hand knowledge of fraud, corruption, misconduct, malpractice, or other unlawful or unethical practices occurring within an organization.