All crime is a kind of disease and should be treated as such – Mahatma Gandhi.
STAKE HOLDERS IN ADMINISTRATION OF JUSTICE:
A crime is an act of commission or omission that is penalised by any statute.
Crime has two components;
- Actus Reus (omission or commission);
- Mens Rea (guilty state of mind);
- Reason to believe;
The criminal justice system is set to motion whenever a crime is committed and information is sent to the police or other investigating organisations. For both the victims and the accused, dealing with such situations may be stressful and unpleasant. Our top criminal lawyers in Gurgaon/Gurugram are dedicated to making the entire process as trouble-free as possible for our clients by providing expert guidance and pragmatic solutions that are suited to their specific circumstances.
To maintain an ordered society, the state must prosecute the criminal and ensure convictions. Although, there have been times when innocent people are trapped in the clutches of the Criminal Justice System. While both the victims and the guilty need fair and just treatment from the justice system, there are constitutional safeguards in place for the accused to be handled fairly by the State within the context of the Constitution and criminal statutes. An independent judiciary applies the correct statement of law in all the cases without fear and favor while appreciating the evidence, it balances the equities as per facts and circumstances of the case.
ADVANTAGES OF CONSULTING COMPETENT CRIMINAL LAWYERS IN GURGAON:
A qualified criminal lawyer’s job is to make sure that his clients have access to the most effective remedies at the correct moment in order to get the best possible results. The Law Codes’ top criminal advocates in Gurgaon/Gurugram support our clients in the best possible way, leading them through all legal options accessible under law while maintaining their information in strict confidence as a professional obligation.
We can guide you within the legal framework for FIR registration, criminal cases for non-cognizable offences, right to life and liberty protection, criminal trials (framing of charges, evidence, and arguments), anticipatory bails, regular bails, criminal appeals, quashing of FIR, and Special Leave Petitions (Criminal) before the Hon’ble Supreme Court.
Criminal trials are usually portrayed as a time-consuming and intimidating process involving numerous court appearances and the requirement that the accused attend in person. At The Law Codes, our top criminal lawyers are highly talented, eloquent, knowledgeable, and experienced in all subjects connected to criminal laws. One of our goals is to combine criminal law with other disciplines of law to help our clients.
You can get excellent professional guidance on problems such as parole, furlough, pardon proceedings, probation, suspension of sentence/conviction, and so on. We can provide you with bespoke personalised legal services in all areas of Criminal Law to match your specific needs, thanks to our team of prominent lawyers in Gurgaon/Gurugram at The Law Codes.
At The Law Codes, we make it a point to start every professional session with a thorough strategy for serving our clients’ best interests.
ACCUSED HAVE CONSTITUTIONAL PROTECTIONS (A FEW EXAMPLES):
Article 20: Protection in respect of conviction for offences;
- No application of ex-post facto legislation to be applied in criminal law, nor shall the accused be subjected to a heavier penalty than that set forth in the statute book on the day of the conduct of the offence;
- Jeopardy with a Twist;
Article 22: Protection from arrest and custody;
- The right to know why and how the accused was arrested, as well as the right to consult and be defended by a lawyer of his choice;
- The accused must be brought before the nearest magistrate within 24 hours of their arrest, excluding travel time;
- No law authorising preventive detention for more than three months without the recommendation of an authorised board is valid.
CRIMINAL JURISPRUDENCE IS GOVERNED BY BROADER PRINCIPLES:
- Until the accused is proven guilty, he or she must be presumed innocent;
- The Prosecution has the burden of proving its case beyond a reasonable doubt;
- The prosecution’s burden of proof never moves;
- In the presence of the accused, a fair criminal trial is held.
DIFFERENCES BETWEEN KEY SECTIONS OF THE CRPC AND CRIMINAL LAW CATEGORIES:
- Section 2(a): Bailable offence – an offence listed as bailable in the First Schedule or made bailable by any other legislation in effect at the time (where police can grant bail); Non-bailable offence – an offence not included in the First Schedule or not made bailable by any other law in effect at the time (only a court of competent jurisdiction can grant bail);
- Section 2(c): Cognizable offences – an offence for which a police officer may arrest the accused without a warrant under the First Schedule or any other legislation in effect at the time;
- Section 2(c): Non-Cognizable Offences – an offence for which a police officer does not have the authority to make an arrest without a warrant;
- A summons-case is defined in Section 2(w) of the Criminal Procedure Code as a case relating to an offence that is not a warrant-case. All other cases (those not involving warrants) are summons cases;
- Section 2x, CrPC: a warrants case is defined as a case involving an offence punishable by death, life imprisonment, or a sentence of more than two years in prison;
- Compoundable offences — an offence that can be compromised, meaning the complainant can agree to drop the charges against the accused; Non-Compoundable offences — an offence that cannot be compromised;
- Section 154, CrPC: Information of a cognizable offence given to the police in writing or orally & FIR can be registered;
- Section 156(3), CrPC: Any Magistrate empowered under Section 190 may order an investigation by a police officer performing his or her duties under Chapter XII of the CrPC;
- Section 200, CrPC: The Police Station and the Superintendent of Police have lodged your FIR, but no proper investigation has been done. The complainant may be examined;
- Section 202, CrPC: it is found in Chapter XV. It refers to a Magistrate’s authority to order a police officer to conduct an investigation.
CRIMINAL MAJOR ACTS:
- Indian Penal Code, 1860 (substantive law);
- Code of Criminal Procedure, 1973 (procedural law);
- Indian Evidence Act, 1872 (adjective law).
- The Prevention of Corruption Act of 1988;
- The Juvenile Justice Act of 1986, the SC/ST Act of 1989;
- The Prevention of Children from Sexual Offenses Act of 2012;
- The Passport Act of 1969;
- The Narcotic Drugs and Psychotropic Substances Act of 1985;
- The Information Technology Act of 2002;
- Other Minor acts.
HOW A TRIAL IS CONDUCTED AFTER FIR IS REGISTERED:
- Registration of an FIR u/s 154: A FIR is recorded when credible information of the commission of a cognizable offence reaches police officers in writing or through oral submissions;
- Anticipatory Bail: Under the provisions of section 438 of the Code of Criminal Procedure, 1973, an accused can seek Anticipatory Bail after submitting a complaint or filing an FIR;
- An investigation by an agency such as the police, the CBI, or the ED: An investigation of the matter by an investigation officer (IO) in accordance with section 156 and the procedures outlined in section 157. IO has the authority to detain a suspect while conducting an investigation;
- Remand under Section 167: Under Section 167, the officer in charge can request that the accused be taken into custody by the police. If the magistrate believes it is not appropriate to award police custody, he may grant judicial custody instead;
- Section 27 of the Evidence Act: During the investigation, the police officer-in-charge can search, seize the material from the accused’s possession or elsewhere kept by the accused;
- Charge Sheet u/s 173, CrPC: Upon completion of the investigation, the investigating officer can file a police report called Charge Sheet to the Magistrate;
- Conviction on a guilty plea under section 252 or 253, CrPC;
- Prosecution and defenCe evidence;
- Acquittal or Conviction Judgment;
- The sentence was awarded after conviction.
THE LAW CODES PROVIDE COMPLETE SERVICES IN THE FOLLOWING AREAS OF CRIMINAL LAW:
- Protection for the right to life and liberty;
- Habeas Corpus Writ Petitions (wrongful confinement);
- Anticipatory bails;
- Criminal Trials (framing of charges, prosecution and defense evidence, & arguments);
- Interim/Regular Bails;
- Criminal Appeals;
- Criminal Revisions;
- Quashing of FIR;
- Quashing of summons/warrants;
- Directions u/s 482, CrPC for fair, just, and proper investigation;
- Special Leave Petitions (Criminal) before the Hon’ble Supreme Court;
- Suspension of Sentence/Conviction etc.
- Transfer Petitions Intrastate and Interstate.
LEGAL DRAFTING SERVICES:
Our best criminal lawyers in Gurgaon/Gurugram investigate your case thoroughly before advising you on your legal alternatives. As a law firm, we provide our clients the option of hiring one of our top criminal lawyers in Gurgaon/Gurugram to draft a complaint, reply, attend court hearings, conduct evidence, and argue the case until the criminal processes are completed.
As a law firm, we also provide clients with the option of using our drafting services, which include detailed and comprehensive drafting of complaint, reply, bail petitions, anticipatory bail petitions, and written arguments submissions by our experienced criminal lawyers in Gurgaon/Gurugram, according to their convenience and tailored needs. This strategy allows our clients to submit a legally tenable argument based on a solid foundation of clear facts and the most recent law on the issue. Our restricted drafting services include the following:
- Drafting a complaint about registration of FIR;
- Drafting a Reply;
- Drafting a Criminal Complaint before Magistrate in cognizable offenses;
- Drafting a complaint about directions under 156 (3) before Magistrate;
- Drafting a petition for Protection of right to life and liberty;
- Drafting Writ Petitions of Habeas Corpus (wrongful confinement);
- Drafting Anticipatory bails;
- Drafting services in Criminal Trials at the time of framing of charges, prosecution and defense evidence, & arguments;
- Drafting Anticipatory Bails;
- Drafting Interim/Regular Bails;
- Drafting Criminal Appeals;
- Drafting Criminal Revisions;
- Drafting the petition for Quashing of FIR;
- Drafting the petition for Quashing of summons/warrants;
- Drafting the petition for directions u/s 482, CrPC for fair, just, and proper investigation;
- Drafting the Special Leave Petitions (Criminal) before the Hon’ble Supreme Court;
- Drafting an application for Parole;
- Drafting an application for Furlough;
- Drafting an application for Pardon;
- Drafting an application for Probation;
- Drafting the petition for Suspension of Sentence/Conviction etc.;
- Drafting the Transfer Petitions Intrastate and Interstate Trials.
LEGAL ADVICES FROM OUR CRIMINAL LAWYERS IN GURGAON:
Obtaining appropriate legal assistance in criminal cases is the first step in pursuing any legal action. Our top criminal lawyers in Gurgaon/Gurugram feel that early legal counsel has a long-term impact on the outcome of criminal cases. When our renowned criminal lawyers form a legal opinion in criminal cases, it requires an in-depth study of case-related documents, input from clients, and detailed discussions on various aspects of the allegations — all of these factors are combined and taken into account, along with the most recent judgments of the Hon’ble Supreme Court and High Courts. We have learned through our experience at The Law Codes that in many circumstances, clients have not sought proper legal remedies and have sought remedies that should not have been sought in the first place. Such a strategy places an undue pressure on the Criminal Courts, clogging up the justice delivery system
CRIMINAL LAWYERS IN GURGAON/GURUGRAM FOR NRI CLIENTS:
NRI clients are frequently unable to physically attend court in criminal proceedings and are concerned about the case’s progress. Transparency, dependability, and best-in-class legal services/online legal opinions are what they demand. With their genuine concerns in mind, our best criminal lawyers in Gurgaon/Gurugram prefer video conferencing sessions using Google Meet, Zoom meetings, Cisco WebEx, and WhatsApp for frequent consultations, case updates, and case strategy planning. Our customers developed a strong attorney-client relationship through frequent face-to-face discussions, which led to effective and result-oriented solutions. Our team of top qualified criminal lawyers in Gurgaon/Gurugram can assist you to get out of a bad situation with minimal or no penal consequences. You can schedule an online consultation at any time through our 24-hour consultation site, and our expert panel of lawyers will contact you via your preferred method of communication.
USING A SPECIAL POWER OF ATTORNEY TO FILE A CRIMINAL CASE:
The accused can be represented in court through a notarized Special Power of Attorney with apostille certification in order to secure anticipatory bail. There is no specific prohibition under the Code of Criminal Procedure (CrPC) on filing cases through Special Power of Attorney. Through power of attorney, the accused, particularly NRIs, can seek the following redress in the courts:
- Registration of FIR;
- Criminal Complaint before Magistrate in cognizable offenses;
- Complaint for directions under 156 (3) before Magistrate;
- Petition for Protection of right to life and liberty;
- Anticipatory bails;
- Quashing of FIR;
- Quashing of summons/warrants;
- Petition for directions u/s 482, CrPC for fair, just and proper investigation;
- Special Leave Petitions (Criminal) before the Hon’ble Supreme Court;
- Transfer Petitions Intrastate and Interstate Trials.
- Anticipatory Bail;
- Quashing of Proclaimed Offender order & proceedings;
- Releasing impounded/revoked Passport;
- Suit for Defamation and malicious prosecution.
THE COMPLAINANT’S OPTIONS FOR REDRESS:
Except for violations under 498A, the complainant can be represented in court by a notarized Special Power of Attorney with apostille certification for direction to the police for the filing of a FIR. There is no specific prohibition under the Code of Criminal Procedure (CrPC) on filing complaints through Special Power of Attorney. Through power of attorney, victims, particularly NRIs, can seek the following redress in the courts:
- Protest petition against cancellation of FIR;
- Issuance of summons/warrants in FIR/complaint;
- Suit for Defamation;
- Impounding/revocation of the Passport;
- Petition under 482, CrPC for declaring accused as Proclaimed Offender under CrPC;
- Directions to police for fair and proper investigation under 482, CrPC.
The applicant, wife, can file a complaint under section 498A of the Code of Criminal Procedure (CrPC) through her father, mother, sister, brother, father’s or mother’s brother or sister; or, with the Court’s permission, any other person related to the girl by blood marriage or adoption under the provisions of section 198A of the CrPC.
USING VIDEO CONFERENCING TO RECORD STATEMENTS BEFORE THE COURTS:
We at The Law Codes take proactive steps to make sure that our NRI clients have access to videoconferencing services, which saves both the court’s time and the time of the parties to the litigation. With consideration to the facts and circumstances of the case, the Criminal Courts can consider the likelihood of videoconferencing serving the cause of justice and order the complainant or accused to present and have their statement recorded through videoconferencing under compelling circumstances. When such legal solutions are accessible, our experienced criminal lawyers in Gurgaon/Gurugram guide the clients.
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