Criminal Law

1.1.1.                       Bail Applications

The Bail is filed in the court after a registration of a FIR. If the Accused is yet to be arrested, then an anticipatory bail application is filed and if the Accused has been arrested, then a regular bail application is filed.

Appropriate dealing with Police at the time of investigation can save Accused persons from harassment of FIR and prolonged criminal proceedings and save valuable time.

1.1.2.                       Quashing of FIR

The quashing of an FIR is filed before the local High Court in case the contents of a FIR does not disclose commission of an offence or the matter has been compromised and settled between the parties.

1.1.3.                       Cyber Crime

The Cyber crime includes a broad range of activities such as fraud and financial crimes, computer as a target, computer as a tool, cyber terrorism, cyberextortion, cyberwarfare, harassment, obscene or offensive content using modern telecommunication networks such as the Internet and mobile phones.

1.1.4.                       Trial

The trial is a way to find out “what had really happened,” recreating the event that occurred in the past. Although the term “trial” isn’t specifically defined in the Criminal Procedure Code, it generally refers to the phase that starts after framing the charge and concludes with either acquittal or conviction.

1.1.5.                       NDPS:

The Narcotic Drugs and Psychotropic Substances Act, 1985 or the NDPS Act prohibits a person from the production / manufacturing / cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.

1.1.6.                       Economic Offences / Financial Fraud

1.1.7.                        

Economic Offences Wing is a specialized Unit of the Police that exclusively investigates economic crimes involving large scale frauds invoking huge money with wide ramifications. The Economic Offences Wing takes up cases which deal with cases pertaining to financial and economic frauds, land and building rackets, multi-level marketing fraud, bank frauds, intellectual property rights and other kinds of economic offences. Investigation is carried out in complicated and intricate IPC offences, and other offences under various Central Acts. Investigation usually involves collection and scrutiny of voluminous documents from various agencies including banks, Central / State Government departments and private companies. Economic Offences Wing maintains close liaison with various government, semi government departments, Ministries of Finance, Commerce, Corporate Affairs, etc, RBI, FIU, CEIB, SEBI and other regulating institutions.

1.1.8.                       Crime against Women

1.1.8.1.                 Domestic Violence

Domestic violence is one of the most pervasive crimes against women. It includes physical, emotional, sexual, and economic abuse by a partner or family member. The Protection of Women from Domestic Violence Act, 2005, provides comprehensive protection and relief to women facing such abuse. This law allows for immediate legal action, including protection orders, residence orders, and monetary relief, ensuring the safety and well-being of the victim.

1.1.8.2.                 Sexual Harassment

Sexual harassment in the workplace and public spaces is a serious issue. It involves unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, aims to protect women from harassment at their place of work. This Act mandates the establishment of Internal Complaints Committees (ICCs) in organizations to address complaints of sexual harassment and provides a mechanism for the redressal of grievances.

1.1.8.3.                 Rape and Sexual Assault

Rape and sexual assault are among the most heinous crimes against women. These offenses involve non-consensual sexual acts and are punishable under Section 63 and 64 of the Bharatiya Nyaya Sanhita. The Criminal Law (Amendment) Act, 2013, also known as the Nirbhaya Act, introduced stricter punishments for rape and sexual assault, including death penalty in extreme cases, to deter such crimes and provide justice to victims.

1.1.8.4.                 Stalking and Cyberstalking

Stalking, including cyberstalking, involves repeated and unwanted attention that causes fear or distress. It is criminalized under Section 77(1) of the Bharatiya Nyaya Sanhita. This law addresses both physical stalking and stalking through electronic communication, ensuring comprehensive protection for women against such intrusive behavior.

1.1.8.5.                 Dowry Harassment and Dowry Death

Dowry harassment includes any coercion or violence related to dowry demands. Dowry deaths, resulting from extreme cases of such harassment, are punishable under Section 79(2) of the Bharatiya Nyaya Sanhita. The Dowry Prohibition Act, 1961, also criminalizes the giving and taking of dowry, aiming to eliminate this harmful practice and protect women from related violence and abuse.

1.1.8.6.                 Human Trafficking

Human trafficking involves the illegal trade of women for exploitation, including forced labor and prostitution. The Immoral Traffic (Prevention) Act, 1956, addresses these crimes. This Act provides stringent penalties for trafficking and related offenses and includes provisions for the rescue and rehabilitation of victims.

1.1.8.7.                 Acid Attacks

Acid attacks are violent assaults intended to disfigure or harm women. They are punishable under Section 122 of the Bharatiya Nyaya Sanhita. This law mandates a minimum sentence of 10 years, extendable to life imprisonment, for perpetrators, and also includes provisions for compensation to the victim for medical expenses and rehabilitation.

1.1.8.8.                 Honour Crimes

Honour crimes involve violence against women by family members due to perceived damage to family honour. These acts are punishable under various sections of the Bharatiya Nyaya Sanhita, including Sections 100-103 for murder and culpable homicide, and Section 109 for attempt to murder. The judiciary has taken a strong stance against honor crimes, ensuring that perpetrators face stringent punishment.