Criminal law in India is a vast and complex legal framework that governs offenses, prosecutions, and penalties for criminal acts. It is primarily codified under the Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872. These laws collectively regulate how criminal offenses are defined, investigated, prosecuted, and adjudicated.
At our law firm, we provide expert legal assistance in criminal defense, prosecution, bail applications, anticipatory bail, quashing of FIRs, and appeals before various courts, including the Sessions Court, High Court, and Supreme Court of India.
Types of Criminal Offenses Under Indian Law
Criminal offenses in India are broadly classified into:
1. Cognizable and Non-Cognizable Offenses
● Cognizable offenses (Section 2(c), CrPC): These include serious crimes such as murder (Section 302, IPC), rape (Section 376, IPC), kidnapping (Section 363, IPC), and theft (Section 378, IPC). The police have the authority to register an FIR and investigate without prior approval from a magistrate.
● Non-cognizable offenses (Section 2(l), CrPC): These involve less severe crimes such as defamation (Section 499, IPC) or public nuisance (Section 268, IPC), requiring prior approval from a magistrate before investigation.
2. Bailable and Non-Bailable Offenses
● Bailable offenses (Section 436, CrPC): The accused has the legal right to bail, such as in cases of public nuisance or defamation.
● Non-bailable offenses (Section 437, CrPC): Granting of bail is at the discretion of the court, such as in cases of attempt to murder (Section 307, IPC) or dowry death (Section 304B, IPC).
Legal Procedure in Criminal Cases
1. Filing an FIR (First Information Report) – As per Section 154, CrPC, an FIR is registered by the police when a cognizable offense is reported.
2. Investigation and Charge Sheet – The police investigate the case, collect evidence, and submit a charge sheet under Section 173, CrPC if sufficient proof is found.
3. Trial and Defense Representation – The accused is tried in a Magistrate Court or Sessions Court, depending on the severity of the offense.
4. Bail Applications – Our law firm assists in filing regular bail (Section 439, CrPC) and anticipatory bail (Section 438, CrPC) to protect clients from unjust detention.
5. Appeals and Revisions – We represent clients in appellate courts for conviction appeals or wrongful accusations.