Criminal Litigation & Bail

With an ever-increasing rate of crimes coupled with advancements in science and technology, criminal litigation has only experienced augmentation. Such an overwhelming increase in the crime rate tends to jeopardize the delivery of justice in any state which now demands us to draw our focus towards itself.

Crimes have opened gates to mal-practices such as corruption and bribery, especially in police stations, and have sown seeds of doubt in the citizens towards the prevalent justice mechanism in India. Now at this point in time, the officers of the court, such as the criminal lawyers come to play.

The law provides a path to justice that needs to be held with the hand of a good lawyer to cross with. People with honest intentions either find themselves muddled in a situation with no-fault of theirs or become innocent victims of the crimes themselves. Either way, it is a criminal lawyer drawn by wit and honesty, who can save the day. Connect with Gagan Chawla, Advocate, the best criminal lawyer in Delhi to know more about your rights.

The main aspects of the Law Firms expertise in this field involve:

• Bail, Anticipatory Bail and Quashing of FIR
• Complaint by an NRI living abroad
• Filing Exemption application from personal appearance before Court – Negotiable instrument Act : Section 138 Cases
• Rape, Sexual Harassment
• Security Frauds and Cheating
• Attempt to Murder
• Cheating, Forgery, Misappropriation
• Extortion
• Illegal Grabbing of Property
• Bank Fraud
• Matrimonial Criminal Offences including 498-A and Domestic Violence – Criminal Intimidation, Trespass
• Child Trafficking
• Passport Fraud
• Serious Crimes including Murder, Kidnapping
• Lodging of FIR and Complaint cases

UNDER WHAT CIRCUMSTANCES A PERSON CAN BE GRANTED BAIL

One must move strategically with utmost caution and take steps keeping in mind whether an offense is a bailable offense or a non-bailable offense. Getting a bail can be a tedious task when it comes to offenses such as Forgery, Murder, Rape, Dowry Death, kidnapping, criminal breach of trust, causing grievous hurt, attempt to murder, or half murder.

In case you apprehend an arrest for the cases cited above, immediately contact a good criminal lawyer, and apply for anticipatory bail. In cases where anticipatory bail can’t be granted, ask your criminal lawyer to seek interim protection. This shall help you seek bail in the future.

You always have an option to go for an Appeal in the High Court in case your bail is rejected by the lower court. To avoid any such situation, it is always better to seek guidance from the best criminal lawyer from the beginning itself.

Types of Bail

1. Anticipatory Bail

An Anticipatory bail is filed u/s 438 of CrPC. It is commonly known as pre-arrest bail. A person who is apprehending arrest, can file and seek the same from the Court of law.

2. Regular Bail

A regular bail is applied before the Sessions Court or the High Court. One can apply for a regular bail only after the arrest is made.

RIGHTS OF AN ARRESTED PERSON IN CASE OF A CRIMINAL CASE

1. The Right to remain silent.
2. The Right not to be detained for more than 24 hours without judicial scrutiny.
3. The Right to know/ask about the grounds of arrest.
4. The Right to get bail.
5. The Right to consult a legal practitioner.
6. The Right to be examined by a doctor.
7. The Right to inform a relative/friend.
8. The freedom to communicate with the magistrate.
9. The Right of the accused to produce the Evidence.

The above rights of an arrested person are ensured and protected by law and no one shall take away your rights from you. Right number 5(The right to consult a legal practitioner), is of vital importance as it will create the basis of your case.

IMPORTANT STAGES OF A CRIMINAL CASE

In India people have wrong presumptions about the prenuptial agreements. It is assumed that the formation of a prenuptial agreement before marriage will defeat the purpose of getting married; it however, increases the confidence in the spouse’s intention of getting married. It can protect a person from entering into a wrong marriage in which one spouse is trying to get financial gain by fraudulently marrying the other spouse. With a changing world, there is a requirement for a change in laws as well. In any case, if you want to secure your position and assets before getting married, connect with Gagan Chawla and his team of pre-nuptial lawyers in Delhi. They will guide you through the best possible way out and will help you secure yourself throughout.

OFFENSES AND PUNISHMENTS UNDER THE INDIAN PENAL CODE

1. Capital Punishment

Punishment of Death is commonly known as capital punishment. There are various offenses under the IPC which provides ‘death’ as the maximum punishment. Few offenses are enlisted below:

1. Section 121 IPC; Waging or attempting to wage war against the Government of India
2. Section 302, IPC; Punishment for Murder
3. Section 305, IPC; Abetment of suicide of child or insane person
4. Section 364A, IPC; kidnaping for ransom
5. Section 396, IPC; Dacoity with Murder

2. Imprisonment for Life

Imprisonment for life is a punishment wherein an accused convicted of a crime has to remain in prison until he is alive or pardoned. In its natural sense, it means imprisonment for the remaining years of life.

3. Imprisonment

Imprisonment can be simple imprisonment or rigorous imprisonment. Depending upon the severity of the offense, the Court issues such imprisonment.

1. Rigorous imprisonment;
   1. Section 194, IPC; Giving or fabricating false evidence with intent to procure conviction of capital punishment
   2. Section 449, IPC; House-trespass in order to commit offense punishable by death

4. Forfeiture of Property

1. Section 126, IPC
2. Section 127, IPC

5. Fine

Imposition of fine for the wrongs committed under various sections of the IPC.

THE LIST OF FACILITIES PROVIDED BY Bng Law Associates

1. Providing legal assistance in filing police complaints/registration of FIR/ criminal complaint: It is a vital part of a criminal case as it will decide the basis of your case further.
2. Section 154 of Cr. P.C: It deals with filing a criminal complaint before the Police station.
3. Providing representation in Anticipatory bail and regular bail u/s 438 and 437 of Cr. P.C.
4. Assistance in filing/ defending in matters of section 138 of N.I.Act before a magistrate.
5. Filing/ representing in petitions under section 482 of Cr. P.C.
6. Presenting arguments under various sections/provisions of Criminal Complaints of the Indian Penal Code.
7. Protecting clients from acts such as fraud and cheating in regard to the Companies Act.
8. Presenting representation/ filing matters of Revision, Criminal Writ with regard to acquittal and conviction.
9. Providing legal assistance in cases of Murder u/s 300 of The Indian Penal Code.
10. Providing legal assistance in matters of Dowry Death u/s 304b of The Indian Penal Code.