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Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India
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. There has been a noticeable surge in cases related to economic offenses, money laundering, cybercrimes, and corporate fraud, making it crucial for individuals and organizations alike to stay informed. Our goal is to empower you with knowledge, presenting complex legal information in the simplest way possible.
In this edition, we delve into several critical topics that touch upon the entire lifecycle of a criminal case. We start with the fundamentals, explaining the step-by-step process for registering an FIR and, conversely, the grounds laid down by the Supreme Court for quashing frivolous proceedings.
Recognizing the rise in white-collar crime investigations, we have included primers on two key areas:
An overview of the Serious Fraud Investigation Office (SFIO), detailing its powers, the nature of offenses it investigates, and the typical sequence of a case.
A landmark High Court ruling establishing that funds acquired through fraud cannot be treated as taxable income, affirming that the Prevention of Money Laundering Act (PMLA) prevails over the Income Tax Act in such matters.
We also analyze recent judgments that reinforce crucial safeguards for citizens, such as the High Court's clarification that the CBI cannot demand monetary deposits under Section 91 of the CrPC. Finally, in our increasingly digital world, we explore the legal framework governing the blocking of websites under the IT Act and the remedies available against such orders.
F.I.R.
HOW TO REGISTER AN FIR?
The Hon’ble Supreme Court of India in the case titled ANURAG BHATNAGAR & ANR. VS. STATE (NCT OF DELHI) & ANR. (2025 INSC 895) has decided that the proper process for getting an FIR registered is as under:
By giving information to the police authorities in accordance with Section 154 CrPC whereupon if a cognizable offence is prima facie made out to the satisfaction of the police.
If the information of a cognizable offence given to the officer-in- charge of the police station is not being recorded or is being refused to be recorded, the informant may send the substance of the said information to the Superintendent of Police concerned in writing and by post.
Only when no action is taken even by the Superintendent of Police and the information of commission of a cognizable offence is not being recorded by the officer-in-charge of the police station or even by the Superintendent of Police, that the person aggrieved or the informant may move the court of the Magistrate concerned to get the FIR registered and lodged with the concerned police station.
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By
Vijay Pal Dalmia, Advocate
Supreme Court of India & Delhi High Court
Email id: vpdalmia@gmail.com
Mobile No.: +91 9810081079
Linkedin: https://www.linkedin.com/in/vpdalmia/
Facebook: https://www.facebook.com/vpdalmia
X (Twitter): @vpdalmia
AND
Rudraa Sharma,
B.BA, LL.B.
Vivekananda Institute of Professional Studies (VIPS), GGSIPU, Delhi
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The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
