India: Crime

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.

In India, blue-collar offences such as theft, robbery, burglary, assault, arson, are often treated as straightforward “police cases.” But such crimes heavily rely on forensic evidence, such as fingerprints, DNA, ballistic analysis, and crime scene reconstruction to conclusively link physical evidence with accused persons, establish timelines, and disprove alibis.

The Kerala High Court examines a critical legal question in landlord-tenant law: whether a property owner can be prosecuted for criminal trespass when entering premises they legally own but have leased to a tenant. This case explores the fundamental distinction between ownership rights and possessory rights, clarifying when a landlord's entry into their own property crosses legal boundaries.

The Supreme Court of India, in a criminal appeal decided on 17 July 2026 by a Bench comprising Justice Sanjay Kumar and Justice Sanjeev Sachdeva, has set aside a long chain of concurrent convictions under Section 138 of the Negotiable Instruments Act, 1881, on the ground that the cheque in question was materially altered. The case, arising out of Special Leave Petition (Criminal) No. 17025 of 2025, highlights the fundamental principle that a materially altered negotiable instrument cannot form the basis of criminal liability for its dishonour.

For many Non-Resident Indians, discovering they have been declared a "proclaimed offender" in India often comes as a shock, sometimes years after a dispute or complaint they were never properly informed about. The label carries serious legal consequences, including passport impounding, property attachment, and a bar on anticipatory bail, and it is increasingly relevant given how often NRIs are named in matrimonial, property, or business disputes back home while living abroad.

A recurring problem arises in white-collar crime prosecutions. A person may first receive notices or summons from the ED, CBI, SFIO, EOW or another investigating agency. At that stage, the agency is investigating. A person may be called to answer questions, produce documents or explain transactions during the investigation. He cooperates, appears whenever called, and is consciously not arrested.

DSK Legal's White-Collar Crime & Corporate Investigations Newsletter examines critical judicial pronouncements and evolving standards across India's Prevention of Corruption Act, Bharatiya Nagrik Suraksha Sanhita, Criminal Procedure Code, and Negotiable Instruments Act. This edition provides essential analysis for businesses and individuals navigating the complexities of financial crime, regulatory enforcement, and corporate compliance in an increasingly stringent legal landscape.

In a significant pronouncement delivered on 27 May 2026, a Division Bench of the High Court of Judicature at Madras comprising the Hon’ble Mr. Justice G.R. Swaminathan and the Hon’ble Mr. Justice V. Lakshminarayanan...