best criminal lawyer kerala Can Be Fun For Anyone

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because there are two sides of exactly the same coin likewise there are two facets about the aspect of the seizure electric power of the police authorities to seize bank account under the ambit of segment 102.

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however this kind of a method as pointed out over exist, events are frequently pressured to approach the courtroom. On this regard, a solution accessible to the events would be to technique the worried Magistrate beneath part 451 or portion 457 of your CrPC. Courts have permitted for de-freezing of bank accounts within the way the occasion execute a bond for that involved volume ahead of the Justice of the peace and generate these amount if so directed by the Justice of the peace.

although examining the scope with the powers available to the ED, the Bench observed that Although sufficient powers were being vested Using the authorities, these kinds of powers are strictly circumscribed

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Kozhikode Kozhikode: The High Court of Kerala has directed banks to not freeze the accounts in their buyers dependant on requests from police investigating cyber crimes but only withheld the disputed sum received by UPI transactions.

in accordance with the central governing administration's IT regulations, obscene or offensive assertion produced from somebody, religion, community or country is usually a punishable offense, and authorized motion could be taken against those who indulge in this kind of actions.

proof to indicate that there are entries while in the bank account which can be linked to the commission, outcome or proceeds of check here against the law.

[23] held which the phrase “seize” underneath portion 102 implies genuine using possession in the residence and restraining bank account and locker on the accused by the law enforcement wouldn't amount to seizure underneath segment 102. The courtroom quashed the get passed because of the Unique decide and CBI but authorized the law enforcement to confiscate the articles or blog posts which had been deposited via the accused inside the bank account within the situation that Those people article content have been observed below situation which made suspicion to the Fee with the offence. The watch of Textile Traders Syndicate Ltd

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additional, the Bench opined that segment 102 empowers the police to connect the accounts of not just the accused but of anybody who makes a suspicion for commission of the offence.

A perusal of area 102 of Criminal treatment Code, 1973[1] expounds about the powers inherited by the law enforcement authorities to seize specified assets. portion 102(one) presents electric power to any police officer irrespective of his rank to seize any residence which varieties a suspicion for commission of an offence. The seizure power of police is discretionary in character as being the phrase “may perhaps” is most well-liked with the legislature in lieu of “shall”. segment 102(two) obligates the investigating officer to report the seizure of home to the officer-in-demand of the police station, If your investigating officer is subordinate to the officer-in-demand.

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