India: White Collar Crime, Anti-Corruption & Fraud

Parts I and II carried the foreign-seated award from the drafting of its clause to the door of the Indian enforcement court. This part is about the last thing standing at that door.

In Prabhakar Yeshwant Masram & Anr. v. Sou Tula Namdeorao Jaipurkar & Anr., 2026 INSC 724, the Supreme Court clarified the threshold for initiating proceedings under Section 340 of the Code of Criminal Procedure, 1973 (“CrPC”) for alleged false statements made in judicial proceedings. The Court held that a mere finding that a party has made a “wrong statement” is insufficient to initiate criminal proceedings. There must be material indicating a deliberate falsehood, and the Court must additionally be satisfied that initiating an inquiry is “expedient in the interests of justice.”

Welcome to the latest issue of "The Crime Times," dedicated to the intricate and ever-evolving landscape of criminal law in India. We are living in challenging times, marked by an aggressive approach from governmental agencies in initiating criminal prosecutions.

The Allahabad High Court, in the case of Sanjay Kumar @ Sanjay Dhiman v. Directorate of Enforcement, Criminal Misc. Bail Application No. 38900 of 2025, delivered a significant ruling under the Prevention of Money Laundering Act, 2002 (“PMLA”), reiterating a legal principle which asserts that assets derived from unknown or unexplained sources cannot, merely on that basis, be presumed to constitute “proceeds of crime” arising from a scheduled offence under the PMLA.

India's digital economy has created millions of new retail investors, but it has also opened the door to sophisticated fraudsters who impersonate banks, fintechs, and investment firms across messaging platforms. As these scams threaten not just individual victims but entire institutions through regulatory scrutiny and brand damage, Indian courts are evolving their approach from reactive measures to proactive infrastructure dismantling. With artificial intelligence now enabling hyper-realistic deepfakes and

The present appeal arose from acquisition proceedings initiated under the National Highways Act, 1956. Pursuant to notifications issued under Sections 3A and 3D of the Act, the land belonging to Respondent No. 1 was acquired and vested in the Central Government. The Competent Authority passed an award determining compensation under Section 3G(1) of the Act.

When Parliament reduces the punishment for an offence, a question that immediately arises is whether those already facing prosecution for that offence receive the benefit of the reduction in punishment/penal consequences.

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.

The intersection of India's Insolvency and Bankruptcy Code and the Prevention of Money Laundering Act has created complex legal tensions in corporate fraud cases.