Criminal Lawyers

Have you been charged with a crime? Or maybe you have been harassed or abused, and you need justice? Criminal laws and their procedures can be tricky but no worries, Let's discuss the law and procedures:

What is Criminal Law? 

Criminal law is quite a collection of rules and precepts whose primary purpose is to prevent harm. It defines the actions as crimes and prescribes the penalties and procedures that are employed in the courts in the handling of such cases. In its simplest terms, it is the law by which we are protected. 

What Constitutes a Criminal Case? 

A criminal case emerges when a person is alleged to have violated the law. The prosecution presents the case on behalf of the people against whom the crime has been committed. While civil suits entail parties’ and their lawyers’ disagreements, criminal cases are concerned with activities that negatively affect society. 

Common Crimes in India

India has a wide range of criminal offenses. Some common ones include:

• Violent crimes: Murder, assault, kidnapping, rape
• Property crimes: Theft, robbery, burglary, arson
• Economic crimes: Fraud, forgery, embezzlement
• Cybercrimes: Hacking, online fraud, identity theft
• Drug offenses: Possession, trafficking, and manufacturing of illegal substances
  
  

Understanding the Legal Process

The criminal justice system can be complicated at times. Here's a basic overview: 

• Lodging a Complaint (FIR): The first procedure is to lodge a First Information Report (FIR) which is a formal report of a crime to the police. Anyone can register an FIR and it may be done by the victim or a witness or any near and dear one in cases of grievous injury or death. Dial 100 is the emergency number that is specific to police help and is used in India. 
• Investigation: The police work on the crime case, conduct investigations, gather and analyze evidence, and apprehend criminals. 
• Charge Sheet: In the final resolution of a case if the police gather enough evidence against the accused, he or she is charged by being taken through a charge sheet. 
• Trial: It goes to the court, to the prosecutor, and the defense counselor makes their stand. 
• Verdict: When it is time to decide, the judge returns a finding of guilty or not guilty. 
• Sentencing: If the accused is convicted then the court awards a punishment. 
• Appeal: The convicted person or the prosecution can appeal the verdict given in the lower court to a higher court. 
  
  

Roles of Parties in the Criminal Case 

A criminal case has several characters who can be considered to have different positions within specific actions. 

• The person held for the crime is called the accused or defendant depending on the situation at hand. They are the victims encased in legal procedures and have the right to an attorney and due process. 
• The defense counsel is legally entitled to defend the accused. Their primary function is to safeguard the interest of the accused person, ensure that he/she has proper defense and call the invalidity of the case against the accused. 
• The prosecution side works for the state or government and seeks to establish the charge against the accused person. They collect facts, bring witnesses, and prosecute cases even in court. The role of the public prosecutor is central to the position of a team within the prosecution services.
  
  

What are Cognizable and Non-Cognizable offenses?

Cognizable offenses are grave offenses that fall under the category of crimes for which the police may arrest a suspect without a warrant. These include murder, theft, rape, and other evils that are perpetrated by individuals on other people. 

Non-cognizable offenses are less grievous; for the arrest of such offenders, a warrant is necessary. Defamation is an example. 

What is the bailable and non-bailable offense?

Bailable offenses can enable the accused person to be released on bail and await trial from outside prison. 

Usually, the non-bailable offenses do not allow the accused to be released on bail. In such cases, the decision to grant bail is up to the discretion of the court.

What is the Role of a criminal lawyer?

During the initial phase when you have witnessed a crime or are a victim of a crime, or during the police complaint and investigation phase, a lawyer or advocate may help you in the following ways:

• Give advice or consultation on whether any act committed qualifies as a crime, the seriousness of an offense, how to deal with any criminal act you are witnessing or are a victim of, and what the process will be if you proceed to file a complaint.
• Guide you through the process of lodging a complaint or FIR with the police, advise on which Sections of the BNS apply to your complaint, educate you on your rights if the police have called you regarding an investigation or interrogation, and represent you during any discussions or questioning by the police.
• Get the relevant order from a magistrate if the police are refusing to file an FIR.
• Protect you against unfair police treatment, and false or frivolous charges, such as by obtaining anticipatory bail if someone is threatening you with police action or by seeking the quashing of a false FIR.
• Seek the cancellation of bail if the accused has been granted bail but poses a threat to you or continues any criminal activity.
• Study or assess the evidence against you or in support of your complaint, advise on its strengths or weaknesses, and provide strategies on how to proceed accordingly.
  
  

Common Questions About Criminal Law in India

General Questions

What should one do if he/she finds himself a witness to a crime?

In case of mere observation of a criminal activity, it is recommended to inform the police and call the number 100. Try to give as much information as regard to the occurrence as possible, including the place, the time, and the suspects or vehicles description. Do not try to influence or endanger yourself in any way. This should be done, if possible, without endangering oneself: fingerprints, documents, weapons, objects that may contain fingerprints and other distinctive features, etc. 

Is it possible to report a crime online and get a police report number as a follow-up?

As per the new laws the First Information Report can be lodged online but it is preferred to go to the local station to report the case. One might submit his or her complaints through the internet, and this form of complaining can be effective in the initial stages but when one has to describe a situation in detail, going physically is even more powerful.
 

In what ways do a lawyer and an advocate differ? 

In India ‘lawyer’ and ‘advocate’ are used identically meaning any professional who has the right to argue a case and appear for a client in a court. An advocate is a specific term given to an individual who is practicing law and is a member of a State Bar Council. 

Can a person defend himself or herself in a criminal trial? 

Though, you have a right to stand up for yourself in court, it could be beneficial to find a lawyer. Criminal law is vast, and by deciding to represent themselves, such individuals expose themselves to many dangers. Having a lawyer can help get legal advice, defend your position as well as improve your chances of a positive outcome. 

How long can one expect a criminal case to last? 

The period that a criminal trial takes depends on the following factors, for instance, the complexity of the case, the number of accused, the availability of evidence, and the workload of the court. Where ordinary it may take several months to resolve simple cases, it can take several years to finalize complex ones. The new criminal laws set provisions for speedy trials.

Who is a public prosecutor and what are his functions? 

A public prosecutor is an official of the state who is been appointed with the duties of defending criminal cases. Their main function is to ensure that accused persons are found guilty in a court of law to a reasonable degree of doubt. He or she collects evidence, examines the witnesses, and establishes a case in court in a bid to convict the culprit. 

Is it possible to obtain a copy of the FIR? 

Yes, you do have the right of access to the First Information Report. You can obtain it from the police station where the FIR was filed, normally it is filed in court by the Police prosecutor. You should also retain one for yourself It is recommended that you file one for future references. 

Rights and Protections 

What am I entitled to as a suspect if I am arrested? 

You have a right to choose not to speak; right to an attorney; right to know the reason why you were arrested; and the right to be taken to a magistrate within a stated period. They should be exercised to prevent certain people from using these liberties to harm others. 

It is possible to detain me without a warrant?

Normally, the police can arrest somebody only with a warrant. However, there are circumstances where a warrant may not be necessary, such as when the offender committed a non-bailable or cognizable offense such as violent crime, including murder or rape. 

What is bail and how can I get it? 

Bail can be described as a legal procedure through which a person charged with a criminal offense is set free from detention, but only for a limited period before the trial begins. The conditions that are set for bail may be standard or may be modified according to the type of crime that has been committed. Bail can be applied by the accused or the counsel in the court in which the case has been instituted. 

What rights do I have as a victim of a crime? 

The complete rights of crime victims include the right to be informed about the case, the right to an active role in the case proceedings, the right to protection against the accused, and the right to seek compensation. 

Am I entitled to compensation if I am a victim of crime? 

Yes, there is the Victim Compensation Scheme where one can apply for compensation for any expenses as a result of the crime that he/she suffered from. 

Legal Procedures

How does a summary trial differ from a regular trial, and also a sessions trial? 

In India, the mode of trial that the accused person will undergo depends on the degree of the offense the person is accused of. 

• Summary trial: In cases where the prosecution of a person has led to charges that attract a maximum punishment that does not exceed six months imprisonment, a magistrate is allowed to conduct a summary trial. Another notable difference is that it is not as formal as the other type. 
• Regular trial: Grave offenses that entail a possibility of a finding of blameworthiness to a term extending more than six months then need a trial. This covers matters of; taking of statements and affidavits, examination, and cross-examination of the witnesses. 
• Sessions trial: Sessions courts hear the most serious crimes for example murder, rape, and other crimes that attract life imprisonment or the death penalty. These trials contain numerous formalities and frequently include a jury. 
  
  

What is an appeal? 

An appeal is a legal procedure in which a case from a lower court is taken to another court for a review of the justice previously passed. The appellant is the person who appeals while the respondent is the individual or party being appealed against and the appellant claims that the lower court committed an error of law or fact. 

Is it possible for me to appeal a court ruling? 

Of course, if you do not want to obey a court order, you can turn to a legal procedure that is called revision or appeal. The areas of grounds for challenging of order are listed to depend on the circumstances involved in the case. 

What are some of the evident distinctions between a criminal case and a civil case? 

A criminal case includes an action that is unlawful and is committed against society or the state, for instance, theft or murder. The government pursues the accused in court. A civil case refers to the procedure in the court where people or companies, not states, go to seek remedies for a conflict that is not political. The outcome is more often than not monetary although it could also be punitive. 

Specific Offenses

What is the punishment for different types of crimes, like murder, rape, theft, and drug offenses? 

Punishments vary based on the severity of the crime, the circumstances, and the jurisdiction. However, here's a general overview:

• Murder: Life imprisonment or death penalty.
• Rape: Imprisonment for varying terms, depending on the severity of the offense.
• Theft: Imprisonment and/or fine, depending on the value of the stolen property.
• Drug offenses: Imprisonment and fines, depending on the type and quantity of drugs involved.
  
  

What is cybercrime and how can I protect myself? 

Cybercrime involves criminal activities committed using computers and the internet. To protect yourself, use strong passwords, avoid clicking on suspicious links, keep your software updated, and be cautious about sharing personal information online. The new criminal laws recognize the cuber crimes and set punishments for them. One can opt for an online cyber complaint if witnesses any.

What is the law on domestic violence? 

Domestic violence is a serious crime. The Protection of Women from Domestic Violence Act provides legal protection and remedies for women who are victims of domestic violence.
 

What is the process for filing a sexual harassment complaint? 

You can file a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The complaint can be filed with the Internal Complaints Committee (ICC) of your workplace with the Local Complaint Committee within the concerned jurisdiction or with the police. 

New Criminal Laws 

What changes does the BNS introduce? 

The BNS has made extensive reforms in restyling criminal offenses and giving a new shape to the subject. It has expanded several crimes, especially those touching on the violence against women including rape, sexual harassment, and attacks using corrosive substances such as acid, and has increased punishment for the offenders. Furthermore, it has included newer forms of offenses such as stalking and cyberstalking to meet modern-day concerns. The former strange feature to mention is the enhancement of the punishing degrees for offenses committed against women and children. 

What is zero FIR?

A system where a police station can register a First Information Report (FIR) for an offense, regardless of where it occurred, and then transfer it to the appropriate jurisdiction for investigation. 

Can I lodge an FIR online?

Yes, as per the new criminal laws one can lodge an FIR online.  

In what way does the BNSS affect the investigation procedure? 

It indicates the time-bound constraints under the new/investigative process introduced by the BNSS (Bhartiya Nagrik Suraksha Sanhita) which has drastically changed the manner of conducting investigations. They have enhanced the ability of the police force in terms of detaining suspects and presented them with electronic surveillance aids for investigations. One of the changes of the new model is the shift to community policing to have police services that is more accountable to society. The law also comprises provisions on the support for and rights of the victims of crimes and criminal offenses. 

Which changes in the evidentiary framework are provided under the BSA? 

The contemporary approach in the evidentiary area in India is defined by the existence of the Bharatiya Sakshya Adhiniyam (BSA). It has provided more status to the electronic evidence as they are more important in the present day’s offenses. Some have stated that the law has real and actual benefits where the rules of evidence have been streamlined to ease the judicial procedures. Also, it has expanded the use of specialized witnesses to prove facts in arbitration proceedings. 

How does the new legislation policy affect the aspect of bail? 

The BNSS has sought to impose certain measures on the issue of bail in awful crimes in sync with the desire for serious measures in such cases. But at the same time, it protects the rights of the accused by allowing anticipatory bail in certain situations. This is a compromise to preserve the rights of the victim as well as the accused. 

How might the new laws impact the death penalty? 

Although the BNS still allows the death penalty as a final measure of punishment for acts of terror and other heinous crimes, it has put into place enhanced protection measures. It brings a review system in cases of the death penalty meaning the matters leading to the handing down of the death penalty will receive a more critical examination. 

What are the implications for the rights of the accused in the new criminal laws? 

The new laws that can be assumed as liberal are conducive to providing a balance between the rights of the accused and the interests of society. But at the same time, they outlaw such tenets as the right for milder treatment before the trial by stating provisions that regulate the possibility of stricter patterns of misconduct in the course of legal proceedings. For instance, there are provisions as to the circumstances in which bail can be refused in some serious offenses and as to the number of times that an accused can postpone the proceedings. 

In what ways the new laws have brought changes as far as the juvenile justice system is concerned? 

The new laws have therefore paved the way for the needed change in the focus that retains the rehabilitation and reintegration of juvenile offenders. Some provisions make it possible for the courts to sentence juveniles to longer periods of imprisonment for the most severe crimes; regardless of that, however, the primary focus is placed on rehabilitation. The laws also incorporate provisions that facilitate early intervention and prevention of juvenile delinquents. 

What loopholes of the new laws exist to prevent the menace of mob lynching? 

However, aware of additional risks due to mob lynching, the BNSS has put certain provisions concerning this heinous crime. It also describes mob violence and sets out a list of enhanced penalties for the participants and mechanisms for the protection and investigation of offenses of this type. 

Criminal laws come up with complexities and one may find it difficult to deal with them. It is always advisable to consult an expert advocate in criminal matters. You should contact Vidhikarya for criminal advocates who are the experts and can help you get justice.