Criminal Matters
A crime is defined as an act that goes against the law and is forbidden and can be punished by law. Generally speaking, crime is anything that a person does that causes harm to another person, society, or a property. Legally speaking, an act done, which is prohibited by the penal code, is a crime in India.
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Under the Indian Penal Code, there are seven categories of offences:
- Crime against human body
- Crime against women and children
- Crime against property
- Crime related to public peace
- Crime related to documents
- Crime related to elections
- Crime against the state or terrorism
Every crime comes with a set of legal matters and procedures. As per Indian law, a person is considered innocent until proven guilty.
When any person is accused of a crime, he or she has certain rights. Also, there is a certain procedure through which a person is prosecuted.
The following are examples of criminal matters in which a lawyer can help you:
Summon is when a person is informed about the court through an order to be present in the courtroom for a charge or a case hearing. To put it in simple words, it is a call by the court….read more.
Warrant is a court order given to the police to arrest a person on a charge (arrest warrant) or search a person or his/her house or any location to gather
evidence for a crime committed (search warrant)…read more.
When a person is arrested or held in custody wrongfully without any probable cause and without complying with statutory procedures by a legal authority it is called wrongful or illegal arrest.
Wrongful arrest falls under criminal wrong category and the victim is entitled to get compensatory damages, if they can prove that the arrest was wrongful. You have four options when you are wrongfully arrested…read more.
Bail, as per the law, is a temporary release of the arrested person from jail or custody wherein the person on bail promises to be available whenever he/she is called for further court proceedings. The accused person must submit some kind of security to get a bail.
There are 3 types of bail in India…read more.
Physical abuse is the intentional use of physical force on someone that can injure or endanger the person. It includes beating, kicking, hitting, burning, scalding, suffocating, poisoning, shaking, manhandling, bullying, trafficking, etc.
Sexual abuse is the infliction of abusive sexual behavior of one person on the other. It can be molestation, inappropriate touching, forced sex, rape, forced oral sex, touching of private parts (without consent), asking for sexual favors by taking advantage of a person’s situation, etc…read more.
FIR (First Information Report) is a written document under Section 154 of the Criminal Procedure Code (CrPC), 1973, that the police prepares and consists of information about the crime committed.
FIR quashing can be done only by the High Court under Section 320 of IPC and Section 482 of CrPC…read more.
Refusing to file an FIR by the police is a crime in India. FIR is one of the most crucial documents of a criminal case. If a police officer refuses to file an FIR, you have options…read more.
Threat or criminal intimidation is an offence under Section 503 of IPC. Injury for a common person may be only bodily harm, but in the eyes of law, to be precise, Section 44 of IPC, 1860, includes injury to the body, mind, reputation, and property…read more.
Theft and robbery may seem to be the same for a common person, but in the eyes of the law, they are different. Robbery is regarded as a “much more severe and agitated form of theft.”...read more.
Defamation, as per Section 499 of IPC, states that – “Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person…read more.
Murder is defined under Section 300 of IPC and the guilty can be given life imprisonment or death sentence and must also pay a fine.
Attempt to murder is also regarded as a very serious offence because there is not much difference between murder and attempt to murder, except only that the victim is still alive…read more.
The Narcotics Drugs and Psychotropic Substances (NDPS) Act was established in 1985 to regulate and control narcotic drugs and psychotropic substances activities…read more.
In India, Corruption cases are tackled under the Prevention of Corruption Act, 1947. This Act was amended and the Prevention of Corruption Act, 1988, came into force. It combined Act 1947, Criminal Law Amendment Act, 1952, and Sections 161-165A…read more.
Child sexual abuse is a physical and/or mental violation of a child with a sexual intent. This generally happens by a person in power and by somebody whom the child trusts...read more.
If you or anybody you know is an accused or a victim of any of the above discussed criminal matters, schedule a meeting with a lawyer at Online Legal Center and get the best solution/advice for your legal problem.
Benefits to choose a lawyer
When you are charged with a criminal matter or somebody commits a crime against you or against your property, you can hire a lawyer to defend you or prosecute the offending party, respectively.
The benefit of choosing a lawyer is that they are legal experts. They have studied law. They know the legal matters, the sections of the law, and how it goes in the courtroom. They can build a strong defense or prosecution based on their knowledge and experience.
If you or anybody you know is accused of a crime or is a victim of a crime, please call +91 8273682006 or book a consultation without delay. You can find qualified and experienced lawyers at Online Legal Center, which is your one-stop destination for all criminal matters.
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Team Members
Name: Rajdeep Singh
City: TILAK NAGAR
State: Delhi
Practice: DELHI, Delhi NCR
Experience: 5+
Specialization: Criminal, Civil etc.
Name: Adv Harshit Agarwal
City: Bulandshahr
State: Uttar Pradesh
Practice: Bulandshahr
Experience: 8 year
Specialization: Criminal
Name: Mohd Wahid Burney
City: Bulandshahr
State: Uttar Pradesh
Practice: District court Bulandshahar
Experience: 11 years
Specialization: Criminal, civil, matrimonial, stamp etc.
Process of criminal trial
The Sessions Court at the district level deals with criminal matters. Magistrates take cognizance of the offence and examine the case; then forward the case to the Sessions Court. The trials in this court are done from Sections 22 to 237.
1. The prosecutor opens the case
The prosecutor presents the opening lines and explains the charges on the accused and the crime he/she committed before the Sessions Court. The prosecutor must also state the evidence on the basis of which the person accused can be proved guilty.
2. Discharge
If the judge sees that there is no sufficient evidence to proceed against the accused, the case is discharged and the accused is freed.
3. Framing of charge
If the judge finds sufficient evidence, then the charges are framed and the case goes on trial. If the case is out of the Court’s jurisdiction, then the judge transfers the case to Judicial Magistrate First Class or Chief Judicial Magistrate.
4. Explaining the charge
The charges framed are explained and the judge asks whether the accused wants to plead guilty.
5. Conviction
If the accused pleads guilty, then he/she is given the sentence. If the accused does not plead guilty, he/she will be tried in court. The judge fixes a date of hearing wherein the witness/witnesses will be present and the case goes on trial.
6. Collection of evidence
During the trial, evidence is collected in the presence or in the absence of the accused. In case the court dispenses the presence of the accused, evidence is taken in his/her pleader’s presence.
7. Witness examination
Once evidence is taken, the witness or witnesses are examined and cross-examined.
8. Recording of evidence
The judge records evidence given by each witness.
9. Judgement
After examining the evidence, witnesses’ testimonials, statements by the prosecuting party and the defense party, the judge gives his/her decision. If the defense fails, the accused is held guilty and convicted. If the prosecution fails, the accused is proven innocent and acquitted.
Proving a crime
It is on the onus of the prosecution to prove a crime. It should be proved that the accused is guilty beyond any reasonable doubt. Even a single doubt is enough for the court to acquit the accused.
The burden of proof is different in civil litigation and in criminal litigation. In the former, the case is proved on preponderance of probabilities, which is easier, while in the latter, the accused can reap the benefit of doubt, so it is more difficult to discharge the burden of proof in this case.
It is here that the importance of a lawyer comes to the scene.
The prosecuting lawyer is the one who is involved in the task of proving that the accused is guilty.
The defense lawyer is the one who is involved in the task of proving that the accused is innocent.
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Salient Features
Affordable Price
We offer some of the lowest prices in the industry.
Highly Qualified & Experienced Team
Our team of lawyers are certified through the Bar Council of India and have worked on umpteen numbers of cases successfully.
Legal & Moral Support
We provide legal guidance + our lawyers serve as pillar of strength to the clients to help them cope with the stress of cases.
24/7 Support
We provide round the clock support.
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