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Is Section 212 (2) of the Companies Act Flawed in Mandating Transfer of Investigations to SFIO?
For a proper analysis of Section 212(2) of the Companies Act, it is pertinent to first understand certain foundational provisions of the Act. To appreciate the present discussion, we must also comprehend the exact mandate of one of India’s premier investigating agencies, the Serious Fraud Investigation Office (SFIO). It is equally important to examine what kinds of offences the SFIO can investigate, what powers it wields, and what sanctity the statements recorded before an SF
Shikhar Sharma
Nov 64 min read


Section 11 of the Prevention of Corruption Act: A Tough Offence to Defend, But Not Impossible
As always, I will keep this post precise and to the point. Section 11 of the Prevention of Corruption Act, 1988 (“PC Act”) is one of the...
Shikhar Sharma
Jun 64 min read


What Constitutes Proper Notice Under Section 35 BNSS/41A CrPC?
In my blogs, I’ve highlighted the significance of Section 41A, now Section 35 BNSS (will be referred to as 41A Notice for uniformity),...
Shikhar Sharma
Nov 11, 20244 min read


Notice under 41A CrPC vis-a-vis Anticipatory Bail
The introduction of Section 41A of the Criminal Procedure Code (Section 35 of the BNSS 2023) into the criminal procedure, along with the...
Shikhar Sharma
Sep 8, 20244 min read


Defence Strategies in Trap Cases: Part 3: Proof of Demand on the day of trap
In my current blog, I'll briefly mention a strategy that resulted in the exoneration of my client, the former Executive Director of the...
Shikhar Sharma
May 15, 20242 min read


Defence Strategies in Trap Cases: Part 2: Sanction for Prosecution and CBI Manual.
In part 2 of the blog series, I will focus on the principles of challenging Sanctions for prosecution and the non-compliance of the...
Shikhar Sharma
Apr 15, 20242 min read


Defence Strategies in Trap cases: Part 1: Legitimate vs Illegitimate traps.
Welcome to today's blog post where I delve into a critical aspect of criminal defense law: understanding the distinction between...
Shikhar Sharma
Apr 1, 20243 min read


Understanding the Burden of Proof in PMLA Cases: Exploring the Flawed Concept
“The scales of justice should always tip in favor of preserving individual liberty, even when weighed against the distant possibility of...
Shikhar Sharma
Feb 27, 20244 min read


“Examining the Implications: Section 50 Summons and the Erosion of Due Process Rights”?
“That no free government, nor the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation,...
Shikhar Sharma
Feb 24, 20248 min read
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