Criminal Lawyers Bangalore
Criminal Law is crimes where wrongs are committed against the society as a whole, therefore, it is the State that prosecutes. The substantive law has been defined in Indian Penal Code, 1860 (IPC). While the procedure is defined in the Criminal Procedure Code, 1973 (CrPC). They legislate on all parts of the criminal system, the Police, the Courts and the Prisons. The offences are divided into these categories as per the First Schedule of the CrPC –
- Cognizable Offenses (offenses for which the police is allowed to arrest without a warrant, for example – Murder, Dowry Death, Rape, Criminal Breach of Trust) and Non-Cognizable Offenses (where the police isn’t allowed to arrest without warrant and cannot investigate or lodge an FIR without the Magistrates permission, for example – assault, cheating, etc.)
- Bailable Offenses (where the bail is a right if the arrestee is ready to accept the conditions of the bail) and Non-Bailable Offenses (where the bail is depended on the discretion of the court; generally based on whether the accused is likely to abscond)
The criminal process includes:
- FIR (First Information Report) – The first information report is the first recording of a cognizable offence. It serves as the foundation for the investigation. filing of FIR & quashing FIR)
- Complaints – drafting and filing of a complaint before the court & criminal complaints
- Regular Bail
- Anticipatory Bail
- Appeals in High Court or the Supreme Court against Rejection of Bail Application
- Criminal Writs and Trial – Filing of the Writ, drafting responses, gathering evidence, cross-examination of witnesses.
- Appeal and Revision – Criminal appeal and revision before High Courts and the Supreme Court
The following is a non- exhaustive list of Legislation for Criminal Offences:-
- Indian Penal Code, 1860 (IPC) – For all criminal acts; includes coverage for cases of dowry, domestic violence, theft/robbery, murder, rape, illegal gatherings and conspiracy, cheating, fraud, kidnapping, misappropriation of funds, adultery and bigamy
- Criminal Procedure Code, 1973
- Indian Evidence Act, 1872
- Contempt of Courts Act, 1971 – For cases where a person has disrespected the Court, for example – non appearance after summon, talking in an inappropriate manner to a judge
- Prevention of Corruption Act, 1988 – For cases in relation to corruption
- Juvenile Justice (Care and Protection of Children) Act, 2015 – For children in need of care and protection or for cases where the accused is a minor
- Narcotics, Drugs and Psychotropic Substances Act, 1985 – For cases involved with illegal or contraband substances
- Immoral Traffic (Prevention) Act, 1956 – For the offences of human trafficking and prostitution
- Arms Act, 1959 – For weapons cases, i.e. carrying a concealed weapon or owning an illegal, unlicensed weapon
- Electricity Act, 2003 – In the case of theft of electricity
- Negotiable Instruments Act, 1881 – Cheque bouncing cases under Section 138
- SEBI Act, 1992 and FEMA Act, 1999 – For financial regulations
- Information Technology Act, 2000 – For electronic commerce, documentation and information
- Protection of Children for Sexual Offences Act, 2012 – For sexual offences against minors
- Copyright Act, 1957, Trade Marks Act, 1999 – In cases of theft of any intellectual creation
- Protection of Women from Domestic Violence Act, 2005 – protection of the rights of a women in a family
- Dowry Prohibition Act, 1961 – Prohibition of dowry and dowry deaths
- Prohibition of Child Marriage Act, 2006 – To stop child marriage and provisions for annulment and divorce.
- The Prevention of Food Adulteration Act, 1954 – For illegal additives in food
- Extradition Act, 1962 – The act concerns accused/criminals that are not under the Indian jurisdiction, but under the jurisdiction of another State. The state makes a plea to the other state for the return of such an accused for the due process of law.
- Companies Act, 1956 – For laws that are related to companies that become a crime, for example – irregularities in the finances of a company
Offences related to Marriage and Cruelty (Domestic Violence and Dowry) – The IPC under Chapter 20, criminalizes bigamy, adultery or marriage by fraud. Chapter 20A, via Section 498A, criminalizes cruelty by husband or any of the husband’s relative. The Protection of Women from Domestic Violence Act, 2005 and Dowry Prohibition Act, 1961 expand such offences and add to them.
Cheating and Fraud – Deceiving a person, fraudulently or dishonestly in the course of a transaction. Section 420 of the IPC concerns the inducement of delivery by cheating for which a punishment upto seven years of imprisonment.
Copyright and Trademark Theft – Copyright theft occurs when someone tries to steal your intellectual creation. The intellectual creation could be a literary work, a product, the unique shape of a product or any other novel idea/creation. In the case of a copyright infringement, a case under Section 63 would be instituted, whereas in the case of a trademark infringement it would be under Section 103 and 104 of their respective acts. The imprisonment under these section is for a period of 6 months to 3 years, while the fine may extend from Rs. 50,000 to Rs. 2,00,000.
Extradition – India has extradition treaties with over forty countries, and is a part of multiple conventions that allow the same. Extradition is the retrieval of an accused from a foreign state, by making a request from such a state for the retrieval. Like in the case of Vijay Mallya, India is requesting extradition from the United Kingdom.
White Collar Crimes – These are financial crimes that are done by businessmen or salaried professional, with low violence levels. These crimes include tax fraud, bank fraud, bribery computer fraud, embezzlement, insider trading, money laundering, blackmail and extortion. The IPC provides remedies for these crimes.
Cyber Crimes – Cyber crimes cover phishing, online scams, illegal downloading of material, distribution of viruses, pornography, cyber stalking, hacking, identity theft and cyber terrorism. Such crimes are prosecuted under the Information Technology Act, 2000.