CRIMINAL LITIGATION

Lowest to Highest Courts / Tribunals / Forums / Commissions
  • ANTI-CORRUPTION / BENAMI TRANSACTIONS / MONEY LAUNDERING / BRIBERY CASES
    • Anti-Corruption Charge Case, Under Anti-Corruption Laws OfIndia Like,
      • Public servants in India can be penalized for corruption under the Indian Penal Code, 1860 and the Prevention of Corruption Act, 1988, for bribery and/or possessing assets disproportionate to the declared source of income.
      • The Benami Transactions (Prohibition) Act, 1988 prohibits benami transactions.
      • The Prevention of Money Laundering Act, 2002 penalises public servants for the offence of money laundering.
    • Cases InvestigatedAnd Prosecuted By
      • the Central Vigilance Commission (CVC),
      • the Central Bureau of Investigation (CBI) and
      • the state Anti-Corruption Bureau (ACB).
      • the Directorate of Enforcement (ED) pertaining to Cases related to money laundering and
      • the Financial Intelligence Unit, which are under the Ministry of Finance
  • AGAINST PERSONS, PROPERTY
    • Assault, Hurt, Kidnapping, Abduction, Murder, Abetment OfSuicide, Criminal Conspiracy, Dowry Death, Rash And Negligent Act Causing Hurt Or Death Of The Person,
    • Destruction OfProperty, Theft, Extortion, Robbery, Dacoity, Tresspass, Mischief, Criminal Misappropriation Of Property, Criminal Breach Of Trust, Cheating, Personation
    • Counterfiet Currency AndCoins, Government Marks Etc.,
    • Forgery, Preparing False Document,
    • Child Abuse Offenses Like Sexual Assault AndPenetrative Sexual Assault Under The Protection Of Children From Sexual Offenses (POCSO) Act, 2012
    • Defamation, Criminal Intimidation, Intentional Insult
  • INFORMATION TECHNOLOGY COMPLAINTS
    • Cyber Crimes
    • Hacking,
    • Cyber Squatting,
    • Cyber Cheating,
    • Bank Frauds,
    • Data Theft,
    • Data Destruction,
    • Sending Obscene Pictures And Videos To Cell Phone Or
    • Computer Crimes,
    • Secret Or Hidden Picture Or Video Recording Crimes,
    • Morphing Crimes,
    • Pornography Offenses
  • AGAINST WOMEN
    • Stalking,
    • Eve Teasing,
    • Outraging Modesty,
    • Rape,
    • Bigamy,
    • Cruelty By Husband And His Relatives,
    • Dowry Demand,
    • Trafficking In Women,
    • Pornography And Nudity Crimes,
    • Abortion Of Female Child( FemaleFoeticide) Under Pre-Conception And Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994.
  • CORPORATE OFFENSES
    • Financial Frauds AndMisapporpriations Of Property Of A Company
    • Fraudulent Acts Committed By Any Person Under The Banner / Seal Of A Duly Registered Company
    • Chit Company Under The Provision Of The Chit Fund Act,1982
    • Banking Companies / Societies And Co-Operatives Under The Provisions Of The Banking Regulation Act, 1949 And The Co-Operative Societies Act, 1912 And Other Respective State’s Enactments Like The Karnataka Co-Operative Societies Act, 1959.
    • Factories Under The Provision Of The Factories Act, 1948 Making The Occupier And Manager Liable For Offense.
  • TRADE MARK / COPY RIGHT/PATENT INFRINGEMENT CRIMINAL CASES –
    • Offences Under The Trade Marks Act, 1999 : (Section 101 To 114)
      •  If a mark which is identical with, or deceptively similar to, the registered trademark is used in relation to the same or similar goods or services;
      • If the use of the identical/similar mark for identical/similar goods or services is likely to cause confusion on the part of the public, or which is likely to have an association with the registered trademark;
      • If the use of the identical/similar mark for different goods or services is likely to take unfair advantage of or be detrimental to the reputation of the registered trademark in India, cause confusion on the part of the public or which is likely to have an association with the registered trademark;
      • If a third party uses the registered trademark, as his trade name or part of his trade name, or name of his business concern or part of the name, of his business concern for goods or services in respect of which the trademark is registered;
      • If the registered trademark is applied to a material intended to be used for labelling or packaging goods, as a business paper, or for advertising goods or services, provided such person was not duly authorized by the proprietor of the trademark to do so;
      • If a trademark is advertised and if (a) it takes unfair advantage of and is contrary to honest practices in industrial or commercial matters; or (b) is detrimental to its distinctive character; or (c) is against the reputation of the trademark.
      • If the distinctive element of a registered trademark consist of or includes words, and another mark creates consumer confusion when spoken or visually represented.
    • Offences Under Patent Act, 1970 : (Chapter Xx [Sections 118-124]
      • Regarding secrecy provisions of inventions: When a person fails to comply with the directions given under section 35 or makes an application for grant of Patent in contravention of section 39 of the Patents Act, 1970, then it amounts to an offense
      • Unauthorized or false claim of Patents rights: When a person falsely claims or represent any patented inventions for his commercial activity using the word “patent” or “patented” or some other word expressing or implying that the patent of the article has been obtained in India or; that an article is the subject of an application for a patent in India,
      • Personating as a Patent Office : When a person without he being so, represents himself as Patent Office or its Agency
      • Refusal or failure to supply information: During the patent process or subsequent in connection with patenting , when a person furnishes false declarations or information otherwise required by a law to be furnished, liable to be punished with heavy penalty under section 100(5) of the Patents act, 1970
      • Practice by non-registered patent agents: If any person contravenes the provisions of section 129, he shall be punishable with fine which may extend to 1-lakh rupees in first offence and 5-lakh rupees in second offence.
      • Offence by companies: Even companies and other institutes are liable for punishment for the above said offenses, punishing the responsible person incharge of the company punishable.
    • Offences Under The Copy Right Act, 1957
      • Making copies of copyrighted works for sale or hire or letting them for hire.
      • Permitting performance of copyright infringed works at any place for performance of works.
      • Distributing copyright infringing works.
      • Public exhibition of copyright infringing works.
      • Importing copyright infringing works into India.
    • If any of the activity is performed by a person or business, then they are liable for prosecution under       copyright laws in India.
  • ECONOMIC OFFENSES CASES AND WHITE COLLAR CRIMES –
    • Weights And Measures Cases –
      • Measuring Instruments :You are not allowed to manufacture, sell or import a measuring instrument that is not duly verified, stamped, is incorrect or has been tampered with or the one that doesn’t comply with the regulations or the one which is not registered.
      • Pre-Packaged Goods : You are not allowed to prepackage, sell or distribute goods which are not rightly measured, labeled, don’t have the right quantity or don’t comply with the regulations like compliance for packaging goods.
      • Pricing Matters: One cannot change the price or fail to abide by the law that defines a standard unit of measure or numeration or measure. You cannot sell at a price which is more than the MRP
      • Government Compliance :A contravention by Government approved Test Centre and counterfeiting of seals is also an offense, hiding information, sharing incorrect information with or obstructing the work of a Controller, Obstructing Director or Legal Metrology Officer is also punishable by law.
      • Weights Related Offenses :Using weights and measures in a not so clean condition or without proper lighting is also an offense. Tampering with, repairing or manufacturing weights without a license and non-exhibition of verification certificate are also serious offenses.
      • Not Keeping in the Right Place :If someone is not keeping test weight at the site of weighing instrument or a diesel or petrol retail outlet is not keeping 5-liter or 10-liter capacity measures, it is also an offense.
      • No Dismantling Allowed: Dismantling or destroying measuring and weighing instruments stamped in Situ is also an offense if the Controller of Legal Metrology or one of his / her representative is not kept informed of the same.
    • Drugs And Cosmetic Cases,
      • Manufacture, import or sale of adulterated , spurious drugs are made punishable offense
      • Violation of any of the conditions of drug license, either to the manufacturer or the importer or the retailer are also made offenses.
    • Bureau Of Indian Standards Cases ( BIS ),
      • Prohibition to publish, reproduce or record without authorisation by Bureau (Sec.11)
      • Prohibition of use of certain names, etc.—No person shall, except in such cases and under such conditions as may be prescribed, use without the previous permission of the Bureau,— (Sec.12)
      • Compulsory use of Standard Mark for articles and processes to certain scheduled industries (Sec.14)
      • Improper use of Standard Mark or failure to use when compulsory is made a punishable offense which is congnizable (Sec.33)
    • Food Adulteration Cases,
      • Causing food to be injurious
      • Abstracting any constituents
      • Deliberate adulteration
      • Non-conformance in label information etc.,
      • Substandard food – Penalties can be upto Rs.2 Lakh
      • Failing to meet the requirement as directed by FSSAI – Penalties upto Rs.2 Lakhs
      • Unhygeniec / unsanitary preparation – Penalties upto Rs.1 Lakhs
      • Adulterant not injurious to health – Penalties upto Rs.2 Lakhs
      • Causing grievous injury – 6 years imprisonment with find of Rs.5 Lakhs
      • Causing death – 7 years imprisonment or life imprisonment and fine of Rs.10 Lakhs
      • Compensation in case of death – upto Rs.5 lakhs minimum
    • Environmental  Pollution Cases,
      • Environmental Pollution Act stipulates that a person incharge, director, manager, secretary or or any other officer is liable for the offense if committed  by the Company (Sec.16)
      • When a Offense is committed by company, then the company as well as the person directly incharge and responsible of conducting the business of a company shall be deemed to be liable for punishment.
      • Concerned Pollution Control Authorities may even by way of penalty withdraw the essential supplies like Electricity and Water.
    • Medical Establishment Cases,
      • Sex determination offense
      • Contravening the provision of Drugs and Cosmetics Act and Regulations
      • Performing or enabling unqualified person to perform an abortion or any illegal operation
      • Non maintenance of records
      • Violations of regulations
      • Adultery or improper conduct
      • Conviction by Court of Law non display of Registration Number
      • Cross Practice and its consequences as offense
      • Medical Negligence offenses
      • Quackery Practice Cases
      • Offenses by patients and their attenders

 

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