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Criminal Law

India has a very highly developed Criminal Jurisprudence and Judicial Administration System [JAS] to deal with the offences and the offenders on its soil. The vital organs of the JAS- the Investigating Agencies, the Courts, the Prosecutors & the Defence Counsel- have proved, time and again, to be vibrant, competent, vigilant, just and fair. The Investigating Agencies are free to carryout investigation freely and fairly and arrest the suspect for custodial interrogations, if the facts and circumstances of the case so warranted. The Courts conduct free and fair inquiry & trial, giving all concerned a fair chance of being heard. The Courts judiciously exercise their discretion to grant bail and anticipatory bail to the suspect if he/ she convinces the Court that he / she will be present in the Court to face trial.  

India follows the adversarial system, where generally the onus and burden of proof is on the State (Prosecution) to prove the case against the accused, and until and unless the allegation against the accused are proved beyond reasonable doubt, the accused is presumed to be innocent. However, in certain exceptional cases, like rape and terrorism, etc., the onus of proof has been put on the accused person, who claims to be not guilty.

India has a three tier judiciary. The criminal trials take place before the Courts below. The Higher Courts entertain Appeals, Review, Reference & Revision. The Honble Supreme Court of India is the Apex Court of Appeals. The judiciary hierarchy is thus: the Supreme Court Of India, the High Courts of various states, and the District Courts and Special Courts & Tribunal. The Courts follow the principles of natural justice, in letter and spirit. The Judgments/ Orders passed by the Courts do not acquire finality until and unless affirmed/ confirmed by the Higher Courts- High Court of the particular State and the Hon’ble Supreme Court of India.   

The courts in India, particularly High Courts and Supreme Court have been proactively guarding the rights of the accused. The Article 21 of the Constitution of India has been interpreted in a highly dynamic manner to protect the rights, life and liberty of the citizens. The provisions of Bail & anticipatory bail, suspension of sentence adequately take care of most of the major rights of the suspect, detainee and arrestee.

For Convenience’s sake the entire Criminal Law Jurisprudence has been divided as follows:  

Criminal Law Practice In The Courts & Foras

White Collar Crimes

  • Benami Property
  • EOW Cases- Economic Offences- Cheating, Fraud, Forgery, Misappropriation of funds, Embezzlement & Criminal Breach of Trust- Banks/Financial Institutions Frauds
  • IPR Criminal Cases- Intellectual Property Rights Violation- Piracy Cases-
  • Negotiable Instrument Act Cases
  • NSA Cases- National Security Act-

Terrorism Cases

[Offence Against State & Humanity]

Political Criminal Cases

  • Hate Speech Cases
  • S-295A IPC– Deliberate and malicious acts, intended to outrage reli­gious feelings of any class by insulting its religion or reli­gious beliefs.

Heinous Crime Cases  

IPC Cases

  • S-34 IPC- Acts done by several persons in furtherance of common intention. 
  • S-120B IPC- Punishment of criminal conspiracy.
  • S-405 IPC- Criminal Breach Of Trust

Defamation & Contempt Of Court Cases

Matrimonial Criminal Law Cases

JJ Act Criminal Cases

Other Criminal Law Cases

  • Arms Act Cases
  • Cognisance
  • Delhi Police Act, 1978
  • Immoral Traffic Laws Cases
  • IPC Cases
  • Public Law And Order Related Cases
  • SC&ST Act, 1989

Injunction & Stay Cases

  • Injunction & Stay On the operation of impugned Order
  • Suspension of Sentence.

Constitutional Criminal Cases

[Falling Under Extraordinary & Inherent Jurisdiction]

  • Custodial Death

Criminal Laws- Substantial & Procedural  

Procedural Criminal Laws

  • Appeal [Criminal]– Reference [Criminal]– Review [Criminal]– Revision [Criminal]– Curative Petition- Recalling Of Order- Revisiting of Order.  
  • Bail– Regular Bail- U/S-437 439, & 389 Cr.P.C- Anticipatory Bail– U/S-438 Cr.P.C.- Suspension of Sentence- Cancellation Of Bail– Under Section-439 (2) Of Cr.P.C- Bailable offence & Non-Bailable Offence- Arrest, Detention, Police Custody & Judicial Custody- Investigation- Investigating Agencies- Interrogation of accused- Free & fair Investigation- Sham investigation infringes upon the right to fair trial- PC & JC- Police Custody- Judicial Custody.
  • Criminal Court Complaint Cases– Cognizance Of Offence By Magistrate- U/S-190 Cr.PC.- Cognizable offence & Non-cognizable offence- Criminal Court Complaint Against A Company- Cheating Criminal Court Complaint Cases- Defamation Criminal Court Complaint Cases- DV Act Criminal Court Complaint Cases.
  • FIR- First Information Report- FIR Registration Through Court- 156 CrPC
  • Discharge Law- When Charges Are Framed- Framing of Charge.  
  • Interlocutory Orders
  • LOC- Look Out Circular Law
  • Parole And Furlaugh Law
  • Passport Impounding Law
  • Probation Law
  • Quashing Law- Quashing Of FIR- Quashing Summoning Order– Summoning of Accused By A Court- Quashing Of Criminal Court Complaint Against A Company- Quashing Of Cheating Criminal Court Complaint- Quashing Of Defamation Criminal Court Complaint Cases- Quashing Of DV Act Criminal Court Complaint.  
  • Settlement-Mutual Settlement-Compounding Of Cases- Compoundable offence & Non-compoundable offence.
  • Test Identification Parade Law
  • Trial- Speedy Trial- Fair Trail- Right To Fair & Speedy Trial- When It Amounts To A Calculated Attempt To Sabotage Trial   

Other Misc. Criminal Laws

  • Acquittal & Conviction
  • Charge Sheet By Police.
  • Complaints To Police.
  • Criminal Complaint- Court Complaint- Private Complaint- Filed In The Court.
  • Cross Examination
  • Death Penalty- Death Sentences
  • Delay & Latches- Condonation Of Delay.
  • Disclosure During Police Custody And Resultant Recovery
  • Enquiry & Trial- Enquiry By The Court
  • Externment [Ousting From A Particular Locality]- History Sheeter |  Bad Character [BC]
  • Final Report U/S 173 CrPC
  • Jail & Prison: Prison Manual
  • Jurisdiction Of The Trial Court
  • Mercy Plea- Mercy Petition to the President of India & the Governor of the State.
  • Rarest Of Rare Case
  • Special Executive Magistrate- The Cases Before Him
  • Sentence- Entire Law- Sentence & Imprisonment.

Laws Of Evidence & Witness

  • Cross Examination Of Witnesses

Criminal Law- Related Links

In Criminal Law, our legal team is deft at the following: 498A IPC Cases, Bail, Anticipatory Bail, Cancellation Of Bail, Quashing Of FIR & Summoning Order, Reference [Criminal], Review [Criminal],  Revision [Criminal], Crime Against Women Cell- CAW Cell Cases- Directorate of Revenue Intelligence- DRI Cases, Economic Offence Wing- EOW Cases- Enforcement Directorate- ED Cases- National Investigative Agency- NIA Cases- Serious Fraud Investigation Office- SFIO Cases-COFEPOSA Cases- Contempt of Courts Cases- Cyber Laws Violations Cases, Domestic Violence Act– DV Act Cases– Defamation Cases,  FEMA Matters, SAFEMA, TADA cases, IPR Cases- NI Act Cases-  NDPS Cases- PC Act Case- PMLA Matters.

Kindly CLICK HERE or e-mail us at hellocounsel@gmail.com or call us at Mob. No.+91-98-712-712-05 if you are facing any Legal Issue and want to have Legal Consultations with the empanelled Lawyers at Hello Counsel.

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