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Supreme Court of India 2019-03-27 allowed

Serious Fraud Investigation Office vs Rahul Modi and Another Etc

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court allowed a criminal appeal by the Serious Fraud Investigation Office against an order granting bail to Rahul Modi and another. The key holding concerned the scope of arrest powers under the Companies Act, 2013 and the Limited Liability Partnership Act, 2008. The Court ruled that investigating officers' power to arrest is not limited by any three-month timeframe, and can be exercised so long as statutory conditions are met. The Court also clarified that Habeas Corpus petitions are not the proper remedy to challenge remand orders, and that the legality of detention must be assessed as of the date the writ is returned, not when it was filed.

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Criminal Procedure Bail and Detention Habeas Corpus White Collar Crime Powers of Arrest

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