Insights

The Supreme Court has clarified the scope of Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS), holding that merely failing to fulfil a promise of marriage does not constitute the offence of sexual intercourse through deceitful means. The Court emphasised that, for Section 69 BNS to apply, the promise to marry must have been made without any intention of fulfilling it from the very beginning. In Kunal Rameshbhai Kalyani v. State of Gujarat & Anr., a Bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran quashed an FIR registered under Section 69 BNS after finding that the allegations in the complaint indicated a consensual romantic relationship rather than sexual intercourse obtained through fraudulent or deceitful inducement.

Guardianship is an important area of family law where personal relationships intersect with questions of property ownership, financial management and the protection of vulnerable family members. The issue becomes particularly significant when a minor inherits immovable property, receives a substantial financial asset, acquires an interest in family property or becomes entitled to property following the death of a parent.

The Supreme Court of India has reiterated that the Judiciary, as a constitutional institution, is not beyond criticism. Fair, informed and constructive criticism of judicial functioning is an essential component of a vibrant constitutional democracy because it promotes institutional accountability, transparency and self-correction. At the same time, the Court emphasised that criticism of the Judiciary must be responsible, factually supported and expressed through an appropriate forum and rational mechanism. Unverified or unsupported allegations, particularly when incorporated into educational material intended for schoolchildren, cannot be treated as responsible criticism.

Negotiable instruments are an integral part of commercial and financial transactions in India. Cheques, bills of exchange and promissory notes facilitate credit, deferred payments, trade financing and settlement of commercial obligations without requiring immediate exchange of cash. Their negotiability and legal enforceability make them particularly valuable in business transactions, but they also expose businesses, directors, lenders, suppliers and other stakeholders to significant legal and financial risks.

Real estate transactions in India involve substantial financial commitments and can create long-term legal and commercial consequences for buyers, investors, developers, lenders and corporate entities. Whether the transaction concerns the purchase of commercial property, acquisition of development land, investment in a residential project, acquisition of an industrial facility, lease of premises or purchase of a developed asset, the apparent simplicity of the transaction may conceal significant legal risks. A registered sale deed, clear-looking revenue record or representation by a seller that the property is "dispute-free" does not by itself guarantee that the purchaser will obtain an unencumbered and commercially usable property. India's property-registration system is substantially based on registration of instruments rather than a conclusive State guarantee of title. The Supreme Court has recently reiterated that registration of a document does not, by itself, constitute conclusive proof of ownership and that purchasers must undertake meaningful title due diligence, including examination of the chain of title and encumbrances.

Economic offences occupy a distinctive position within India's criminal justice system. Fraud, money laundering, corruption, tax evasion, banking and securities-related offences, corporate fraud, financial irregularities and offences involving substantial public funds can involve complex transactions, multiple entities, voluminous documentary evidence and investigations conducted by specialised agencies. Bail applications in such cases therefore frequently involve questions that go beyond the ordinary assessment of whether an accused is likely to abscond or influence witnesses. Courts may be required to consider the scale and nature of the alleged economic offence, the role attributed to the accused, the documentary evidence available to the investigating agency, the possibility of tampering with evidence, the need for custodial interrogation, the likelihood of the trial being completed within a reasonable period and, where a special statute applies, additional statutory conditions governing bail.

Cross-border commercial transactions increasingly expose Indian businesses, investors and individuals to litigation before courts outside India. Contracts may provide for foreign jurisdiction, multinational parties may operate across several jurisdictions, and disputes involving intellectual property, commercial agreements, financing arrangements, corporate transactions and other civil liabilities may ultimately result in judgments delivered by foreign courts.

Land is often a critical component of large-scale business projects in India, including manufacturing facilities, industrial parks, warehouses, logistics centres, infrastructure projects, renewable energy projects, commercial developments and expansion of existing business operations. However, acquiring land for a commercial or industrial project involves substantially more than negotiating a purchase price. Businesses must examine title, land use, ownership, encumbrances, statutory restrictions, acquisition procedures, compensation obligations, rehabilitation requirements, environmental considerations and the possibility of disputes with landowners or other affected persons.

The Supreme Court of India has invoked its extraordinary constitutional power under Article 142 of the Constitution to protect the retiral and pensionary benefits of an employee whose Scheduled Tribe (ST) certificate was found to be invalid after he had rendered more than three decades of service.

Corporate reputation is an important commercial asset for businesses. A company's reputation among customers, investors, employees, suppliers, lenders and other stakeholders can directly influence its ability to attract business, maintain relationships and compete effectively in the market.