Top Criminal Lawyer in Faridabad - Subhash Ahlawat

Understanding Criminal Law

Criminal law in India is a crucial part of the country's legal system. It’s mainly based on the Bharatiya Nyaya Sanhita (BNS), 2023.  In this comprehensive guide, we will walk you through everything you need to know about criminal law, from the importance of legal representation to avoiding common mistakes.

Purpose of Criminal Law

Criminal law serves several important purposes:

• Protection: It safeguards individuals and society from harmful actions. 

• Punishment: It sets rules for punishing those who break the Indian law.

• Deterrence: It discourages people from committing crimes by establishing clear consequences.

• Rehabilitation: In some cases, it helps offenders reform and reintegrate into society.

• Justice: It provides a way for victims to seek justice and maintain order in society.

Criminal law is distinct from civil law, which addresses conflicts between individuals or entities. Criminal law involves the state taking action against someone accused of a crime, reflecting the idea that some actions are harmful to society as a whole.

What is Criminal Law?

Criminal law in India consists of rules and statutes that define what actions are illegal because they harm public safety and welfare. It also establishes the punishments for these actions.

Key Aspects of Criminal Law

• Codification: Most criminal laws are written in statutes, mainly the Bharatiya Nyaya Sanhita (BNS), 2023 but also in acts like the Narcotic Drugs and Psychotropic Substances Act.

• Principle of Legality: An act is only a crime if it’s specifically prohibited by law, known as "no crime without law."

• Presumption of Innocence: A person is considered innocent until proven guilty. The prosecution must prove guilt beyond a reasonable doubt.

• Mens Rea and Actus Reus: Most crimes require both a guilty mind (mens rea) and a guilty act (actus reus).

• Punishment: Criminal law prescribes various forms of punishment, including fines, imprisonment, and, in rare cases, the death penalty.

Functions of Criminal Law

Criminal law:

• Defines what constitutes a crime, providing clear boundaries for behavior.

• Deters potential offenders by establishing consequences.

• Expresses society’s values and what it considers unacceptable behavior.

• Offers a structured process for dealing with the accused, ensuring fair treatment and protecting rights.

• Aims to provide justice for victims and their families.

Types of Crimes in India

Crimes in India are categorized based on their severity and the type of punishment they carry. The two main categories are cognizable and non-cognizable offenses, which relate to whether the police can arrest without a warrant.

Serious Crimes

Serious crimes, like felonies in other places, are the most severe offenses under Indian law. They usually carry punishments of imprisonment for three years or more, life imprisonment, or even the death penalty. These crimes are always cognizable, meaning the police can arrest without a warrant.

Examples include:

• Murder (Section 101 BNS): Intentional killing, punishable by death or life imprisonment.

• Rape (Section 64 BNS): Sexual intercourse without consent, with severe punishments including the death penalty in certain cases.

• Kidnapping (Section 97 BNS): Taking someone against their will, with varying punishments based on the circumstances.

• Robbery (Section 309 BNS): Theft using force or threats, punishable by rigorous imprisonment for up to 10 years.

• Terrorism: Covered under special laws like the Unlawful Activities (Prevention) Act, which can lead to life imprisonment or death.

• Trafficking (Section143 BNS): Buying or selling human beings as slaves, punishable by 5-10 years of imprisonment.

• Counterfeiting (Section 338 BNS): Making or using fake currency, which can result in life imprisonment.

Less Serious Crimes

Less serious crimes, similar to misdemeanors, typically carry lighter punishments such as imprisonment for less than three years, fines, or both. Some of these may be non-cognizable, meaning the police need a warrant to arrest.

Examples include:

• Theft (Section 303 BNS): Taking someone's property without their consent, punishable or a fine.

• Assault (Section 131 BNS): Threat or attempt to apply force to another person, punishable by up to 3 months in prison or a fine up to 1 thousand rupees.

• Cheating (Section 318 BNS): Deceiving someone to deliver property, punishable by up to 3 years in prison or a fine.

• Public Nuisance (Section 270 BNS): Any act causing common injury or annoyance to the public, punishable by a fine up to 1 thousand rupees.

• Rash Driving (Section 281 BNS): Driving recklessly on a public road, punishable by up to 6 months in prison or a fine up to 1000 rupees.

How Criminal Cases Work in India

The criminal justice process in India involves several stages, from the commission of a crime to the final verdict and sentencing.

1. Arrest

The criminal process usually begins with an arrest. Police can make arrests in two situations:

• With a warrant: A judicial magistrate issues an arrest warrant based on information about a crime.

• Without a warrant: For cognizable offenses, police can arrest without a warrant if they have reasonable suspicion.

During an arrest, the police must:

• Inform the person of the grounds for arrest.

• Inform them of their right to bail (for bailable offenses).

• Allow them to contact a lawyer of their choice.

2. First Court Visit

Within 24 hours of arrest, the police must present the accused before a judicial magistrate. This ensures the arrest was lawful, informs the accused of the charges, and allows them to apply for bail.

3. Formal Charges

After investigation, the police file a charge sheet with the magistrate, detailing the offense, names of the accused, witnesses, and evidence. The magistrate then decides whether there’s enough evidence to proceed to trial.

4. Plea

The charges are read out to the accused, who pleads guilty or not guilty. If they plead guilty, the judge may convict them immediately; otherwise, the case proceeds to trial.

5. Trial

During the trial, the prosecution presents its case, followed by cross-examination by the defense. The defense may then present its case. After final arguments, the judge delivers a verdict.

6. Judgment

The judge announces the verdict, which can be either a conviction (guilty) or acquittal (not guilty). The judge must provide written reasons for the decision.

7. Punishment (Sentencing)

If convicted, the judge determines the appropriate punishment, considering factors like the severity of the crime and the offender’s criminal history. Punishments can include fines, imprisonment, or in rare cases, the death penalty.

Why You Need a Good Lawyer

Navigating criminal law in India can be complex, making it crucial to have a skilled lawyer who can:

• Provide Legal Expertise: Understand the intricacies of criminal law and ensure your rights are protected.

• Develop a Case Strategy: Analyze your case and create a strong defense strategy.

• Handle Evidence: Properly gather, preserve, and present evidence supporting your case.

• Negotiate: Reduce or dismiss charges through skilled negotiation.

• Represent in Court: Present your case effectively in court, including making persuasive arguments and cross-examining witnesses.

• Ensure Procedural Compliance: Meet deadlines and procedural requirements.

• Advocate for Leniency: Argue for a lighter sentence if convicted.

• Navigate Appeals: Identify grounds for appeal if necessary.

• Protect Rights: Ensure your rights are respected throughout the process.

• Provide Emotional Support: Help you cope with the stress of criminal proceedings.

How to Choose a Best Criminal Lawyer in Faridabad

Selecting the best criminal lawyer in Faridabad can significantly impact the outcome of your case. Consider the following:

• Specialization: Look for a lawyer who focuses on criminal defense.

• Experience: Consider how long the lawyer has been practicing criminal law.

• Track Record: Ask about the lawyer's success rate in similar cases.

• Local Knowledge: A lawyer familiar with local courts can be advantageous.

• Communication Skills: Ensure the lawyer can explain complex legal concepts clearly.

• Resources: Make sure the lawyer has access to the necessary resources to build a strong case.

• Reputation: Research the lawyer's reputation in the legal community.

• Personal Comfort: Choose someone you feel comfortable with and trust.

• Availability: Ensure the lawyer has the time to devote to your case.

• Fee Structure: Understand how the lawyer charges and get fee agreements in writing.

Mistakes to Avoid When Choosing a Best Advocate in Faridabad

Avoid these common mistakes when selecting a lawyer:

• Choosing Based on Cost Alone: Don’t select the cheapest option without considering quality.

• Ignoring Credentials: Verify the lawyer’s license and check for any disciplinary actions.

• Falling for Unrealistic Promises: Be cautious of guarantees; a good lawyer will be honest about possible outcomes.

• Not Asking Questions: Don’t be afraid to ask about the lawyer’s experience and strategy.

• Withholding Information: Be honest with your lawyer; they need all the information to defend you effectively.

• Choosing a Lawyer Based on Advertisements Alone: Meet the lawyer personally before deciding.

• Neglecting to Discuss Strategy: Ensure the lawyer has a clear strategy for your case.

• Ignoring Your Instincts: Trust your instincts if you feel uncomfortable with a lawyer.

• Not Discussing Communication Expectations: Set clear expectations for how often and through what means you’ll communicate with your lawyer.

• Hiring a Non-Specialist: Choose a lawyer who specializes in criminal defense.

Navigating the Indian criminal justice system can be challenging, but understanding its structure and processes can help. If you're facing criminal charges, choosing the right lawyer is crucial. A skilled criminal defense lawyer can guide you through the process, protect your rights, and work towards the best possible outcome for your case.