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Criminal Lawyers in Chandigarh

Criminal Law - The Law Codes

To punish a man because we infer from the nature of some doctrine which he holds, or from the conduct of other persons who hold the same doctrines with him, that he will commit a crime, is persecution, and is, in every case, foolish and wicked.” — Thomas Babington Macaulay [Lord Macaulay]

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Main areas where our Criminal Lawyers in Chandigarh offer comprehensive services:

Crimes, State, Accused, Victim & Independent Judiciary:

An act of commission or omission which is punishable under the laws is a crime.

It has two components;

  1. Actus Reus (an act of commission or omission);
  2. Mens Rea (guilty mind);
  • Motive;
  • Intention;
  • Knowledge;
  • Reason to believe;
  • Negligence.

Whenever a crime is committed and information is given to the police authorities or other investigating agencies, the criminal justice system is set in motion. Handling such situations is often stressful and difficult for the victims and accused. Our best criminal lawyers in Chandigarh are committed to making the entire process as hassle-free as possible and provide a piece of expert advice with a pragmatic solution that is tailored to the individual needs of the clients.

The State needs to prosecute such individuals and ensure convictions to maintain an orderly society. Whereas the victims and accused deserve fair and just treatment from the administration of Justice, there are constitutional safeguards available for the accused within the framework of the Constitution and criminal statutes to be treated fairly in the system. An independent judiciary applies the correct statement of law in all the cases without fear and favor while appreciating the evidence, it balances the equities as per facts and circumstances of the case.

Role of the competent criminal lawyers in Chandigarh for the administration of justice:

The role of a competent criminal lawyer is to ensure that his clients have availed of the most effective remedies at the right time to fetch desirable results. The top criminal advocates in Chandigarh at The Law Codes represent our clients in the best possible way and help the clients by guiding them with all the legal remedies available in Law while keeping their information highly confidential as a professional commitment.

Whether you are considering registration of FIR, criminal cases for non-cognizable offences, protection for the right to life and liberty, criminal trials (framing of charges, evidence & arguments), anticipatory bails, regular bails, criminal appeals, quashing of FIR & Special Leave Petitions (Criminal) before the Hon’ble Supreme Court — we can guide you throughout.

Criminal Trials are frequently perceived as troublesome and intimidating procedures involving endless visits to the court where the personal appearance of the accused is mandatory. Our top criminal lawyers at The Law Codes are highly-skilled, articulate, competent, and experienced in all matters relating to criminal laws, an endeavor from our side is to connect criminal law with other disciplines of Law to assist our clients.

You can get a piece of outstanding professional advice on the related criminal law issues, including parole, furlough, pardon proceedings, probation, suspension of sentence/conviction, etc. Together with our team of renowned lawyers in Chandigarh at The Law Codes, we can offer you bespoke tailored legal services in all the areas of Criminal Law to meet your specific needs.

We at The Law Codes ensure to begin our professional consultation in a way that sets a detailed strategy to serve the interest of our clients.

Criminal Advocates in Chandigarh - The Law Codes

Important constitutional safeguards available for accused:

Article 20: Protection in respect of conviction for offences;

  • No application of ex-post-facto laws to be applied in criminal law nor the accused be subjected to a greater penalty greater than given in the statute book on the date of commission of the offense;
  • Double Jeopardy;
  • Self-incrimination.

Article 22: Protection against arrest and detention in certain cases;

  • Disclosure of reasons and grounds of arrest & the right to consult, and to be defended by, a legal practitioner of his choice;
  • Production of the accused before the nearest magistrate within a period of 24 hours of such arrest excluding the time necessary for the journey;
  • No law providing for preventive detention shall authorize the detention of a person for a longer period than three months without the recommendation of the authorized board.

Broader principles governing the Criminal Jurisprudence:

  • The accused must be presumed to be innocent until proven to be guilty;
  • The burden on the prosecution to prove its case beyond a reasonable doubt;
  • The onus of the prosecution never shifts (barring a few exceptions);
  • Strict construction of penal statutes;
  • Fair Criminal Trial in presence of the accused.

Statutes related to Criminal Laws:

Vital provisions of CrPC and category of offences in Criminal Laws:

  • Section 2(a): Bailable offence — an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force (police can grant the bail); Non-Bailable offence — an offence means other than the First Schedule, or which is made bailable by any other law for the time being in force (only court of competent jurisdiction can grant the bail);
  • Section 2(c): Cognizable offences — an offence in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest the accused without warrant;
  • Section 2(c): Non-Cognizable offences — an offence in which, a police officer has no authority to arrest without warrant;
  • Section 2(w), CrPC: a summons-case means a case relating to an offence, not being a warrant-case. All other cases, (i.e., those which are not warrant-cases) are summons-case;
  • Section 2x, CrPC: a warrants-case is defined to mean a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
  • Compoundable offences — an offence that can be compromised, which means the complainant can agree to take back the charges levied against the accused;
  • Non-Compoundable offences — an offence which is more serious offence in which the parties cannot compromise;
  • Section 154, CrPC; Information of cognizable offence given to the Police;
  • Section 156(3), CrPC: entails that any Magistrate empowered under Section 190 may order an investigation by a police officer performing its duties under Chapter XII of CrPC;
  • Section 200, CrPC: The Police Station and the Superintendent of Police have lodged your FIR, but a proper investigation is not being done. Examination of the complainant is permitted;
  • Section 202, CrPC: it falls in chapter XV. It refers to the power of a Magistrate to direct an inquiry by a police officer.

Stages of the Criminal Trials:

  • Registration of FIR u/s 154: FIR is registered when credible information of commission a cognizable offense reaches the police officials in writing or through oral submissions;
  • Anticipatory Bail: After the filing of the complaint or registration of FIR, an accused can apply for a grant of Anticipatory Bail, under the provision of section 438 Code of Criminal Procedure, 1973;
  • The investigation by an agency like Police/CBI/ED: The investigation by an investigation officer (IO) of the matter as per section 156 and following the procedure provided under section 157. IO can arrest a suspect in the course of Investigation;
  • Remand under section 167: The officer in charge can ask for police custody of the accused u/s 167. If the magistrate does not deem fit to grant police custody then he may grant judicial custody;
  • Regular Bail: An accused can apply for a grant of Regular Bail, under the provision of section 436, 437, and 439 Code of Criminal Procedure, 1973;
  • Section 27 of Evidence Act: During the investigation police officer-in-charge can search, seize the material from the possession or elsewhere kept by the accused;
  • Charge Sheet u/s 173, CrPC: Upon conclusion of the investigation, the investigating officer can file a police report called Charge Sheet to the Magistrate;
  • Discharge under section 227or Framing of charge u/s 228;
  • Conviction on plea of guilty section 252 or 253, CrPC;
  • Evidence of prosecution and defense;
  • Arguments;
  • Judgment of Acquittal or Conviction;
  • Sentence awarded after conviction.
Criminal Lawyers in Chandigarh (3)

Sections of Substantive Criminal laws struck down by the Hon’ble Supreme Court:

• Section 303, IPC — Mandatory death sentence was struck down by the Hon’ble Supreme Court in (Mithu vs. State of Punjab, (1983) SCC (2) 277;

• Section 66A, IT Act — the offense under section 66A, IT Act was struck down by the Hon’ble Supreme Court in Shreya Singhal vs. Union of India, (2013) 12 SCC 73);

• Section 377, IPC — the offense of Homosexuality among the human population in the consenting adults was struck down by the Hon’ble Supreme Court in Navtej Singh Johar & Ors. v. Union of India, (2018) 10 SCC 1;

• Section 497, IPC — the provision of Adultery was struck down by the Hon’ble Supreme Court in Joseph Shine vs. Union of India, (2019) 3 SCC 39.

Challenges to the important penal laws pending in the Supreme Court or under the consideration of Parliament:

  • Section 124A, IPC: Sedition (challenged pending before the Hon’ble Supreme Court);
  • Section 309, IPC: Attempt to Commit Suicide (consideration pending before the Parliament).

Legal Drafting Services Provided by our Criminal Lawyers:

Our top criminal lawyers in Chandigarh analyze your case in-depth, and thereafter, give you the right options under the law. As a law firm, we give options to our clients to engage our top criminal lawyers in Chandigarh that involves the drafting of complaints, reply, attending court hearings, conducting evidence, and arguing the matter till the conclusion of the criminal proceedings.

Being a Law Firm, we also give flexibility to the clients to opt for our drafting services which include detailed and comprehensive drafting of complaints, reply, bail petitions, anticipatory bail petitions, and written arguments submissions by our experienced criminal lawyers in Chandigarh, as per the convenience and tailored needs of the clients. This approach enables our clients to present a legally tenable case premised upon a strong foundation of clear facts in consonance with the latest law on the subject matter. Our limited drafting services extend to:

  • Complaint to register the FIR;
  • Reply;
  • Criminal Complaint before Magistrate in cognizable offences;
  • Complaint to get directions under 156 (3) before Magistrate;
  • Petition for Protection of right to life and liberty;
  • Writ Petitions of Habeas Corpus (wrongful confinement);
  • Anticipatory bails;
  • Drafting services in Criminal Trials at the time of framing of charges, prosecution and defense evidence, & arguments;
  • Interim/Regular Bails;
  • Criminal Appeals;
  • Criminal Revisions;
  • Petition for Quashing of FIR;
  • Petition for Quashing of summons/warrants;
  • Petition for directions u/s 482, CrPC for fair, just, and proper investigation;
  • Special Leave Petitions (Criminal) before the Hon’ble Supreme Court;
  • Drafting an application for Parole;
  • Application for Furlough;
  • Application for Pardon;
  • Application for Probation;
  • Drafting Petition for Suspension of Sentence/Conviction etc.;
  • Drafting the Transfer Petitions Intrastate and Interstate Trials.
Criminal Lawyers in Chandigarh - The Law Codes

Take legal opinion from our renowned Criminal Advocates:

Getting the right legal advice in criminal matters is the foremost step before availing any legal remedy. Our top criminal lawyers in Chandigarh believe that the initial legal advice has a lasting impact on the outcome of the criminal cases. Forming a legal opinion requires an in-depth study of case related documents, inputs from clients, and detailed discussions on various aspects of the allegations — all the factors are clubbed in and taken into consideration with the latest judgments of the Hon’ble Supreme Court and High Courts when our renowned criminal lawyers form a legal opinion in criminal cases. From our experience at The Law Codes, we have learned that in many cases, the clients have not availed appropriate legal remedies and have availed remedies that ought not to have been availed in the first place. Such an approach puts an unnecessary burden on the Criminal Courts, resulting in clogging the justice delivery mechanism.

Criminal Lawyers in Chandigarh for NRI clients:

NRI clients are often not available to attend courts physically in criminal proceedings and have a genuine concern about the development of the case. They expect transparency, reliability, and best-in-class legal services/online legal opinions. Keeping in mind their genuine concerns, our best criminal advocates in Chandigarh opt for video conferencing sessions through Google meet, Zoom meetings, Cisco WebEx, and WhatsApp for frequent consultations, giving updates of the Court proceedings, and planning case strategies. Frequent face-to-face interactions with our clients built a Strong Attorney-Client Relationship leading to effective and result-oriented solutions. Our team of top criminal lawyers in Chandigarh helps you to come out of terrible criminal matters with minimal or no damage. You can request an appointment for online consultations through our 24-hour consultation portal at your convenience and our expert panel of Lawyers will revert to you on the preferred mode of communication.

Criminal proceedings through Special Power of Attorney:

Remedies available to the accusedThe accused can be represented in the court through notarized Special Power of Attorney with apostille certification for obtaining anticipatory bail or quashing of FIR/complaint. Under the Code of Criminal Procedure (CrPC), there is no express bar to file cases through Special Power of Attorney. The accused especially, the NRIs can seek the following relief before the courts through power of attorney:

  • Registration of FIR;
  • Reply;
  • Criminal Complaint before Magistrate in cognizable offences;
  • Complaint to get directions under 156 (3) before Magistrate;
  • Petition for Protection of right to life and liberty;
  • Anticipatory bails;
  • Quashing of FIR;
  • Quashing of summons/warrants;
  • Petition for directions u/s 482, CrPC for fair, just, and proper investigation;
  • Special Leave Petitions (Criminal) before the Hon’ble Supreme Court;
  • Parole;
  • Furlough;
  • Pardon;
  • Probation;
  • Suspension of Sentence/Conviction etc.;
  • Transfer Petitions Intrastate and Interstate Trials.
  • Anticipatory Bail;
  • Quashing of Proclaimed Offender order & proceedings;
  • Releasing impounded/revoked Passport;
  • Suit for Defamation and malicious prosecution.

Remedies available to the complainant The complainant other than the offences under 498A can be represented in the court through notarized Special Power of Attorney with apostille certification for directions to the police for registration of FIR. Under the Code of Criminal Procedure (CrPC), there is no express bar to file complaints through Special Power of Attorney. The courts in India cannot conduct a trial for the offences committed outside the territorial jurisdiction of India, but Section 188 CrPC, empowers Indian courts to take cognizance of the criminal acts committed by Indian outside India with the previous sanction of the Central Government. The victims especially, the NRIs can seek the following relief before the courts through power of attorney:

  • Directions to the police for registration of FIR u/s 156 (3), CrPC;
  • Protest petition against cancellation of FIR;
  • Issuance of summons/warrants in FIR/complaint;
  • Suit for Defamation;
  • Impounding/revocation of the Passport;
  • The petition under 482, CrPC for declaring accused as Proclaimed Offender under CrPC;
  • Directions to police for fair and proper investigation under 482, CrPC.

Under the scheme of Code of Criminal Procedure (CrPC), the applicant/wife can move a complaint under section 498A through her father, mother, sister, brother, father’s or mother’s brother or sister; or with the leave of the Court any other person related to the girl by blood marriage or adoption under the provisions on 198A, CrPC.

Top Criminal Lawyers in Chandigarh - The Law Codes

Recording of statement through Video Conferencing:

We at The Law Codes pro-actively take measures to ensure that our NRI clients can avail videoconferencing facilities that save the valuable time of the court as well as the complainant or accused. The Criminal Courts having regard to the facts and circumstances of the case can consider the probability of videoconferencing to sub-serve the cause of justice, and direct the complainant or accused to appear and get the statement recorded through video-conferencing under compelling circumstances. Our experienced criminal lawyers in Chandigarh will advise the clients whenever such legal options are available.

FAQs on Criminal Lawyers

What is FIR?

FIR is the First Information Report lodged by the police authorities when credible information relating to the commission of cognizable offence is given to the police and signed by the informant. Every accused has the right to consult a criminal lawyer when a complaint is filed against him.

What happens if an FIR is filed against me?

You should obtain a copy of Fir and consult a criminal lawyer near you to give you a consultation. Ordinarily, you should apply for anticipatory bail so that you are not arrested by the police

How can an FIR be Quashed?

The High Court uses its inherent powers u/s 482, CrPC to prevent abuse of any Court’s process, or to otherwise achieve the ends of justice. You can contact the best criminal lawyers near you to get an expert opinion on the Quashing of FIR.

What would happen if you get arrested?

If you get arrested, consult a criminal lawyer and file an application under section 437 or 439 or CrPC for grant of regular bail.

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