My Lord, What is a ‘Continuing Offence’?

Deokaran Nenshi, (1972) 2 SCC 890 distinguished between continuing offences and offences committed once and for all.

“A continuing offence is one which is susceptible of continuance and is distinguishable from one which is committed once and for all. It is one of those offences, which arises out of a failure to obey or comply with a rule or its requirement and which involves a penalty, liability for which continues until the rule or its requirement is obeyed or complied with. On every occasion that such disobedience or non-compliance occurs and recurs there is the offence committed. The distinction between the two kinds of offences is between an act or omission, which constitutes an offence once and for all and an act or omission which continues and therefore, constitutes a fresh offence every time or occasion on which it continues.”

– Hon’ble Justice Vikramjit Sen, SEBI v. Roofit Industries, [Civil Appeal No. 1378 of 2005].

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In present case, material on record establishes, misuse of power and position coupled with alleged utilization and concealment of proceeds of crime.

The act of laundering money is not a one-time occurrence but rather a process that continues so long as benefits derived remain in circulation or are being actively utilized.

The law recognizes, money laundering is not a static event but an ongoing activity, as long as illicit gains are possessed, projected as legitimate, or are reintroduced into economy.

– Hon’ble Justice Vikram Nath, Pradeep Nirankarnath Sharma v. Directorate of Enforcement, [Special Leave Petition (Criminal) No. 6185 of 2023] decided on 17.03.2025.

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Pradeep Nirankarnath Sharma v. State of Gujarat, (2025) 4 SCC 818 held, where allegations pertain to abuse of official position and corrupt practices while holding public office, holding of any preliminary inquiry before registration of an FIR is not necessary. If information provided or a preliminary report discloses a commission of a cognizable offence, Police is duty bound under Section 154, CrPC to register an FIR without any delay.

– Hon’ble Justice Pankaj Mithal, Vinod Kumar Pandey v. Seesh Ram Saini, [Special Leave Petition (Civil) No. 7900 of 2019] decided on 10.09.2025.