Question 1

WHAT’S THE INDIAN CRIMINAL LAW?

Accepted Answer

India has three criminal laws. These are known as Major Laws. They are:  The Indian Penal Code. The Criminal Procedure Code The Indian Evidence Act. All other laws are classified as Special Laws, Local Laws (state enacted Laws), or as a collective as Minor Laws.

Question 2

HOW LONG IS A DECISION IN A CRIMINAL PROCEEDING TAKEN IN INDIA?

Accepted Answer

The time it takes to decide a criminal case can also vary greatly. Depending on the number and bail granted of the accused, the initial decision by the originating court may take between 2 and 5 years. In any case, there will almost always be an appeal to a higher court. This may take as much as one-third of the time.

Question 3

WHAT’S ANTICIPATORY BAIL?

Accepted Answer

Section 438 of CrPC refers to the provision regarding anticipatory bail.  If an individual is concerned about being arrested in connection to an implication in a non-bailable crime, they can apply for anticipatory bail before the registration of an FIR. Only one thing is required: The grounds for anticipatory bail must be logical or evident.

Question 4

WHAT PUNISHMENT IS A PERSON SUBJECT TO FOR ATTACKING SOMEONE IN INDIA?

Accepted Answer

It all depends on the type of attack. It could be physical, emotional, mental, or cyber.  However, if the assault is physical, then IPC allows for grievous hurt and assault cases to be filed. If they are proven, they can be charged with the appropriate punishment, which could include a maximum of 3 months imprisonment and 7 years, as well as a fine.

Question 5

WHAT IS THE DIFFERENCE BETWEEN A COMPLAINT AND FIR?

Accepted Answer

A complaint is a written request by the complainant for an enforcement agency to investigate the matter. FIR refers to the First Information Report (FIR) issued by the enforcing agency acknowledging receipt of the complaint. It binds the authority in order to investigate and do justice to the complainant as required by law.

Question 6

WHAT ARE THE TYPES OF BAILS UNDER THE CODE OF CRIMINAL PROCEDURE?

Accepted Answer

An anticipatory bail was introduced in the year 1973, under section 438 in the Code of Criminal Procedure. This was recommended by the Law Commission Of India in its 41st report. The main idea behind this was, that it is necessary to grant anticipatory bail to people because there were cases of false accusations that had come up in terms of rivalry between individuals and to prevent from getting jailed unreasonably.  What is meant by the term “bail”?  A bail simply means that the accused in some criminal offense is released for a certain period till his trial is pending in court and is yet to announce judgment. This bail, especially anticipatory bail is said to be a “presumption of innocence”, which simply means that no one can be considered a criminal until proven guilty.  As per the law, when the person gets bail then he needs to submit security to get released so that the prisoner needs to appear before the court during his trials and he cannot run away. You can take the help of some good lawyers in Delhi to make you understand this bail.  What is the Legal position of the bail?  The term “bail” is not defined under the Criminal Procedure code 1973. The actual terms are “Bailable offense” and “Nonbailable offense” that is been defined under section 2(a). You can check the provisions for bail and the bail bonds in sections 436-450 of the Criminal Procedure code. Some of the best advocates in Delhi can explain more about this definition.  Here is a small gist on the different categories of bail:  As mentioned above, the offenses can be classified as either bail or non-bailable offenses.  Bailable offenses: This is as per section 2(a) of CRPC. Here the accused can claim bail at any time while he is under police custody. His bail cannot be rejected by the police if he is claimed to commit a bailable offense  Non-bailable offense: This is used when the accused has done an offense that is not bailable. An accused will fall under the non-bailable category in the following cases:  If he has committed an offense, he needs to be given the death penalty or life imprisonment.  It has previously been convicted with the death penalty or life imprisonment or imprisonment for seven years and more.  An exception shall be given to an accused who is a woman, a minor, or a sick person. In any of the cases, your case can be considered by the best criminal lawyer in India.  What are the different types of bails?  There are 3 types of bails and i.e. Regular, Interim, and Anticipatory  Interim bail: This is a temporary or a short-term bail that is given before the first hearing in court till the regular or anticipatory bail is been given.  Anticipatory bail: A person can apply for anticipatory bail when he feels that he might be arrested before the hearing in court. However, this application can alert an investigation officer as he might feel that this person is involved in the crime.  On the other hand, the anticipatory bail can be cancelled if the accused does not obey the terms and conditions that have been imposed by the court. Also, if the complainant or the prosecution gives an application for the cancellation of this bail then it can be cancelled at any time.  Regular bail: A regular bail can be applied for under Section 437 and 439 of CrPC. Here the accused can be released under regular bail by paying a particular amount as a bail amount.  In any of the cases if necessary then the bail can be cancelled at any time by the High court, the Supreme court or the Sessions court under the section 439 (2).

Question 7

WHAT ARE THE WAYS TO FILE A CRIMINAL COMPLAINT AGAINST SOMEONE IN INDIA?

Accepted Answer

When we talk about criminal cases, it is when a person is convicted of committing a crime and is considered an offense as per the law of the Nation. These Laws can differ from place to place and the same goes with the punishment given to the accused. It is very common for Indians to have less knowledge about the criminal laws in India. So here we are highlighting mainly the circumstances under which a criminal case can be filed against an individual.  If you are looking for the best criminal lawyer in Delhi then you can visit online sites which can give you details along with their reviews.  The Criminal Laws of India  There are three different criminal laws in India and they explain the procedure and the punishment for criminal trials:  Indian Penal Code Code Of Criminal Procedure 1973 Indian Evidence Act 1872. Criminal Offenses  Following is the list of criminal offenses that are considered as per the Indian Penal Code:  Offense related to weight and measures The offense did against public tranquillity Offenses related to elections Offenses related to coins and government stamps Offenses related to public servants The offense did against the welfare and the integrity of the state Offenses are done as an attempt to seduce the soldier or an air-force officer or a sailor. Offenses related to religions The offense did to a human body like murder, kidnapping, physical assault, sexual offenses, etc. The offense did to the property like theft, extortion, robbery, cheating, etc. The offense done in case of marriage by a husband or his family Procedure for the criminal trial  The following are the steps of the procedure to file a criminal complaint:  File an FIR: This is done when you are a victim of a cognizable offense. Here you need to go to the police station and file an FIR. This is a written complaint that the police would write after listening to your grievances. He will then direct you to the District Magistrate for further action to be taken. There are no charges in filing an FIR. Investigation: After filing an FIR, the police will then start the investigation and will write everything in their Challan or the charge sheet. If there is enough evidence, then the police will arrest the accused. However, if there is not much proof that the crime is conducted then the police will close the case after justifying the reason in the court. They will also inform the victim about the same. Framing the criminal and preparing the charge sheet: If the police have proof of the crime, then they will start preparing the charge sheet for framing the accused. The trial will then begin after this. The accused will be explained the reason for his arrest and the charges applied against him which will help him to decide what to do next. Pleading guilty: The accused will be given a chance to plead guilty if it is for free and is done voluntarily. This will help him in getting his punishment reduced and frees him from contesting the case. Prosecutor’s evidence to be recorded: The next step is to examine all the evidence of the prosecutor which is necessary for admissibility in the court. They will have to fulfill the conditions mentioned in the Indian Evidence Act 1872. Statement of the accused: The accused will be given a chance to talk about his side facts and circumstances. Evidence from the Accused: He will be given a chance to represent his side of evidence and witnesses in his support. Hearing: The court will give a date to hear both the parties and their arguments Judgment: After hearing both the parties, the judge will give his final judgment of either holding the accused guilty or acquitting him of the offense. To conclude, it is important to understand if the offense of the accused qualifies as a criminal offense. Only then a further procedure needs to be done. You can check with the criminal lawyer Delhi in case you got doubts about this procedure.

Question 8

WHY DO YOU NEED A CRIMINAL LAWYER?

Accepted Answer

If you have been charged with a crime, it is important to have a criminal lawyer on your side. A criminal lawyer can help you navigate the legal system, understand the charges against you, and develop a strong defense. Even if you are not convicted of a crime, the process of going through a trial can be stressful and difficult to manage without legal assistance.     A criminal lawyer will also be able to advise you on the best course of action to take in your case. If there is evidence that could be used against you, your lawyer can work to have it excluded from the trial. If there are witnesses who could testify against you, your lawyer can cross-examine them and challenge their testimony.     In some cases, it may be possible to negotiate a plea deal with the prosecutor in order to avoid a trial altogether.No matter what situation you find yourself in, having a criminal lawyer by your side will give you the best chance of success. If you are facing serious charges, your freedom and future could be at stake. Don’t take chances with your case – hire a qualified criminal lawyer today.

Question 9

HOW TO HIRE GOOD CRIMINAL LAWYERS

Accepted Answer

When you need to hire a criminal lawyer, there are some things you should keep in mind. First, you need to find a lawyer who is experienced in the area of law you need help with. Second, you should make sure the lawyer you hire is someone you can trust. Third, you need to make sure the lawyer has a good reputation. Fourth, you should make sure the lawyer is affordable. Finally, you should make sure the lawyer is available when you need him or her.

How long is a decision in a criminal proceeding taken in India?

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