Criminal Law

What is Indian Criminal Law?

The criminal justice system in India is responsible for enforcing the criminal laws and punishing individuals who have committed criminal offenses. The following steps outline how criminal laws work in India:

Report of a Crime: A crime is reported to the police, who are responsible for investigating the crime and collecting evidence.
Investigation: The police investigate the crime and collect evidence, including statements from witnesses, physical evidence, and more.
Arrest and Charge Sheet: If the police have enough evidence to support a criminal charge, they may arrest the accused person and file a charge sheet, which outlines the charges and the evidence against the accused.
Bail: The accused person may apply for bail and the court will consider the application and decide whether to grant bail.
Trial: The trial is conducted in a court of law and is presided over by a judge. The prosecution presents its evidence and the defense presents its evidence. The judge decides whether the accused person is guilty or not guilty.
Sentencing: If the accused person is found guilty, the judge will sentence the accused person to a punishment, such as imprisonment, fine, or both.
Appeal: Either the prosecution or the defense may appeal the decision of the trial court to a higher court.

These are the general steps involved in the criminal justice system in India, but the exact procedures may vary depending on the specific case and the laws and rules that apply. The goal of the criminal justice system in India is to ensure that individuals who have committed criminal offenses are punished in a fair and just manner, and that the rights of the accused and the victims are protected.

Types of Indian Criminal Law

In India, the criminal laws are primarily codified in two main pieces of legislation:

The Indian Penal Code (IPC): This is the main penal law in India and defines a wide range of criminal offenses, including murder, theft, fraud, assault, and more. The IPC sets out the elements of each offense and the punishment for each offense.
The Code of Criminal Procedure (CrPC): This is the main procedure law in India and governs the procedures and rules for the investigation, prosecution, and trial of criminal offenses. The CrPC sets out the procedures for arrest, bail, search and seizure, and the conduct of criminal trials.

In addition to these two main laws, there are several other criminal laws in India that deal with specific types of offenses. For example, the Narcotic Drugs and Psychotropic Substances Act (NDPS) deals with offenses related to drugs and psychotropic substances, while the Prevention of Corruption Act (PCA) deals with corruption offenses.

These criminal laws form the legal framework for the criminal justice system in India and are enforced by the police, the public prosecutors, and the courts.

How can we help?

Our outstanding team of Lawyers with their expertise can help individuals involved in criminal disputes in several ways, including:

Advising on criminal charges: We can advise individuals on the nature of the criminal charges against them and the potential consequences of a conviction.
Representing in court: We can represent individuals in court and represent their interests throughout the criminal justice process. This includes making arguments, presenting evidence, and cross-examining witnesses.
Negotiating plea bargains: We can negotiate with the prosecution on behalf of their clients to reach a plea bargain agreement. A plea bargain is an agreement between the prosecution and the defense that resolves the criminal case without a trial.
Filing bail applications: We can assist individuals in filing bail applications and represent them in bail proceedings.
Representing in appeals: We can represent individuals in appeals if they are not satisfied with the outcome of the trial court.
Advising on rights and protections: We can advise individuals on their rights and protections under the Indian Constitution and the criminal laws.

Key Areas of Our Service

Criminal Law Practice is our flagship Practice. We provide complete and comprehensive legal services under criminal law from registering a criminal complaint at Police station to its assistance in to investigation, recording of statements, trial, evidences and final arguments. We provide legal protection to our client from undue harassment by the police/CBI by obtaining stay order of arrest from High Courts, Bail, Anticipatory Bail, restraining orders etc. We assist our clients at every level of trial as a defense counsel.

We provide following services under this chapter :

Legal assistance in filing police complaints / Registration of FIR / Criminal Complaint under the provisions of law of crime/IPC.
Filing of Criminal complaint before Police station u/s 154 of Cr.P.C or magistrate under section 190, 200, 156(3) Of code of Criminal procedure 1973;
Filing and arguing of Anticipatory Bail applications U/s 438 of Cr.P.C before Court of Session and High Courts;
Filing of Regular Bail Application under section 437 of Cr.P.C before Criminal Courts including JM/MM/ASJ etc.
Filing of Regular Bail Application u/s 439 of Cr.P.C before Sessions Courts & High courts.
Filing of Revision Petition under Sec. 397 of Cr.P.C. against the acquittal / conviction.
Filing a petition U/s 482 of Cr.P.C for quashing of F.I.R or staying the criminal procedure before High Courts;
Representing clients in the Criminal Trial before magistrate or Court of Session, as defense counsel;
Filing / defending Complaint under section 138 of N. I. Act before magistrate.
Filing / defending Criminal complaint under various provisions and sections of Indian Penal Code, Companies Act, Factories Act, Food Adulteration Act, passport Act, NDPS Act, Arms Act etc.

In matrimonial Disputes:

We also assist women/victim in registering Complaints with Crime against Women Cell u/s 498A, 406 IPC r/w 3 & 4 of Dowry Prohibition Act.
We also assist women/victim in filing Criminal complaints before Magistrate under the provisions of Protection of women under Domestic Violence Act
We also assist women/victim in filing application under section 125 Cr.P.C for seeking maintenance from her husband.

On the other side, if husband is victim, we provide him legal protection from arrest and undue coercion from police. We also assist the husband and his other family members in getting Anticipatory bail or regular Bail. Besides the same we proved very effective representation as defense counsel throughout the trial.

We have been successfully handling various types of criminal matters for our various clients which includes individuals, Body Corporate, Companies, Societies and NGO etc. Especially in the following matters pertaining to:

Complaints filed for the office of Cheating & Criminal Misappropriation of funds;
Complaints filed for the office of Criminal Breach of Trust and criminal conspiracy;
Complaints filed for the office of Dishonour of Cheque under 138 of N.I. Act.
Complaints filed for the office of Cheating, Forgery and Mischief;
Various economic offences punishable under SEBI, FEMA, Passport Act, Immigration Act etc.;
Offence related to marriage viz. (a) Offence unusable under Dowry Prohibition Act (b) Domestic violence Act (c) 498A, 406 IPC etc.s
Offences related to Drugs punishable under NDPS Act;
Offences related to Abatement, Unlawful assembly and disturbing Public Tranquility;
Offences related to Public Servant and Contempt of the lawful authority of Public Servants;
Offence related to Elections under section 171 (A-I) of IPC;
Offence related to weights and measure, public health, safety, decency and morals;
Offences affecting human body (viz. murder, Attempt to Murder, Abatement, Attempt to suicide, dowry death, causing death by negligence, hurt, grievous hurt, wrongful restraint, Criminal Force, Abduction, Kidnapping, trafficking, rape, unnatural sex etc;
Offence related to property, viz. theft, robbery, extortion, cheating, breach of trust, misappropriation of properties and other offences punishable under the code of Indian Penal and other penal law;