The main objective of criminal jurisprudence in India is to protect society against law-breakers and criminals. Various criminal laws have been made that holds out the threat of punishment for criminals to make them deal with punishments for their crimes. This is where Best Criminal Lawyers in Delhi come into the scenario for helping the people. Criminal jurisprudence has three cardinal principles:
• Prosecution to show its case beyond reasonable doubt
• The liability of the prosecution never shifts
• The accused must be supposed to be innocent
Criminal law in India generally means crimes or wrongdoings against the state including felonies and misdemeanors. In India, the criminal law is governed by evidence Act, Indian penal Code (IPC), CrPC (the Code of Criminal Procedure), etc. A felony crime generally refers to a serious offense that is punishable by imprisonment for more than one year or death. Misdemeanors are the crimes that do not amount to felonies. It is a wrongdoing or a crime for which the criminal suffer from the punishment of no more than one year in prison when the case is handled by Criminal Lawyers in Delhi.
The criminal law refers to the offense that may lead to the threat of punishment while the criminal procedure means the process that put in force the criminal laws. For instance: The law prohibiting a murder is substantive criminal law and the manner in which government implements this law through the collection of proof and prosecution is called a procedural matter. Traffic and parking infractions and other lesser offenses are called violations and considered as the part of criminal law.
How to Hire Criminal lawyers in Delhi?
According to Code of Criminal Procedure (CrPC), 1973 criminal trials include three stages that happen in the same order viz. warrant cases, summons cases and summary trials. However, criminal trials are not defined in the CrPC but it is commonly considered as the judicial proceeding where proofs are allowed to be proved or disproved. The fault or blame of an individual is believed to be lead to a conviction if the case is handled by reliable and Best Criminal Advocates in Delhi.
According to the Section 2(x) of CrPC, 1973, Warrant case involves crimes imprisonment for life or for more than two years and the criminal may also be punishable by the death.
Summon Case, according to the Section 2(w) of Code of Criminal procedure, 1973, is tried with much less formality and is considered as the shortened form of warrant trial. Offenses punishable for less than two years are dealt with summon cases where the procedure of preparing evidence is not so complicated.
In summary trials, the cases (minor offenses) normally resolved in one sitting to save the time, money and also reduce the burden of courts. The summary trial methods are given from Section 260 to Section 265 of the CrPC. Section 260(2) lists some crimes that may be tried summarily by any Metropolitan Magistrate, Judicial Magistrate First Class, and Chief Judicial Magistrate.
Stages of Criminal Trials
• Registration of FIR
• Commencement of investigation and gathering of evidence by any investigating agency
• Production of accused before Magistrate
• Bail hearing before the suitable court
• After completion of investigation
If the investigation agency seems a prima facie case is made out, the appropriate chargesheet is filed in the court through the public prosecutor.
The final report is filed in the court if the police sense no prima facie is made out.
• Hearing the counsel of defence and public prosecutor
• Framing of the charge by the court
• Trial commences
• Statement of accused under the section 313, CrPC
• Defence evidence
• Final arguments
• Judgment and sentence by court
• Judgment of appeal court
Criminal Offences, Murder (300 IPC)
It is done with a purpose of causing injury to the body of an individual and bodily injury planned to be inflicted is enough in the real course of nature to cause death.
Culpable Homicide (299 IPC)
Whoever causes death by doing the act with the purpose to cause death or with the information that a person is likely by the certain act to cause death.
Rape (376 IPC)
A man is considered to commit a rape that has sexual intercourse with a woman under following situations:
• Against her will
• Without her consent
• Commits gang rape
• Woman is under twelve years of age
• Knowing woman to be pregnant
Dowry Death (304B)
Case when woman death is caused by any bodily injury other than under normal situations within the 7 years of her marriage and when it gets to prove that woman is subjected to cruelty by her husband or with demand for dowry.If you know someone who was subjected to such a cruelty, contact Best Criminal Lawyers in Delhi.
Harassment of woman or any cruelty done by husband or any relative of husband that likely to make a woman cause danger to life or commit suicide is believed to be the cruelty (498A).
Domestic Violence Act
This act is to help a woman facing any domestic violence of economic, sexual or emotional/verbal abuse to assert her rights and get the legal action.
If you are someone who is going through domestic violence, get Best Criminal Advocates in Delhi and fight to get justice.
Prevention of Corruption ACT
The act of Parliament of India passed to fight corruption in public sector businesses and various government agencies.
Money laundering Act
Prevention of money laundering act aims to provide for confiscation of the property involved in money laundering or to prevent money laundering (a process that gives the appearance of having derived from legitimate to a large amount of illegally obtained source).
Divorce law in India Hindu marriage Act
The Hindu Marriage Act was enacted by the Parliament of India to modify and codify the marriage law between the Hindus. The act provides meaning to the Indian marriage cohabiting rights for a bride as well as bridegroom and protection for the family and children so that they do not deal with any parental problems.
Special Marriage Act
The act was enacted by the Parliament of India to give a certain form of marriage in specific cases for the Indian people irrespective of any religion or faith followed by any one party.
Dissolution of Muslim marriage
This is an act to secure and clarify the provisions of Muslim law linking to meet for dissolution of a marriage by a woman married under the Muslim law. It was enacted to get rid of the doubts as to effect of the denial of the Islam by a married woman on her marriage tie.
Get in touch with the Best Criminal Advocates in Delhi, if you are a victim of dissolution of your marriage.
Bails Anticipatory Bail
Under the Section 438 of the CrPC, Anticipatory Bail is a misnomer. Anticipatory Bail means a person can request to get a bail in an anticipation or hope of being accused of having to do a non-bailable crime. It is basically considered as the bail before arrest. An arrested individual cannot request for Anticipatory Bail even he would have to go for regular bail.
This type of bail is granted to an individual after his arrest. In simpler terms, a person has to apply for regular bail if he has been already arrested for any offense or in the police custody.
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