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Legaleye Associates is gradually being recognized as a team of best criminal lawyers in Mumbai. Our criminal lawyers in Mumbai represent clients on a variety of criminal cases. At Legaleye Associates we practice criminal law with a rare passion to succeed. Our criminal lawyers in Mumbai are recommended as being one of the best criminal lawyers in Mumbai for criminal prosecution, criminal writ petitions, urgent anticipatory bail and quashing of criminal complaints and proceedings. In India Criminal Laws are primarily divided into three major acts i.e. Indian Penal Code, 1973, Code of Criminal Procedure, 1973 and Indian Evidence Act, 1872.
Briefly, Criminal Law in India, is a set of legal rules which are used to impose punishment as a result of failure to comply with the law. The rules may differ from country to country, and the acts of criminal codes are not consistent. The punishment, depending on the type of criminal offense and jurisdiction may result in execution, government supervision, sentence to jail and fines.
CODE OF CRIMINAL PROCEDURE:
The Criminal Procedure Code was codified in the year 1973 and provides for the procedure for the enforcement of the Indian Penal Code, and, deals with cognizable, non-cognizable offences along with the criminal court systems and the procedure of appeal from lower courts to the higher courts right up to the Supreme Court. The code includes provisions to speed up the judicial process, increase efficiency, prevent abuses, and provide legal relief to the poor. Treatment of those arrested under special security legislation can depart from these norms. The implementation of these norms varies widely based on the class and social background of the accused.
Firstly, police officers have to secure a warrant from a magistrate before instituting searches and seizing evidence. Individuals taken into custody have to be right to know the charges brought against them, have the right to seek counsel, and have to appear before a magistrate within twenty-four hours of arrest. During trial a defendant is protected against self-incrimination, and only confessions given before a magistrate are legally valid. Criminal cases take place in open trial, in very limited circumstances closed trials occur. There is a prescribed formula for calculation of royalties for repatriation of funds by a foreign company outside India.
PROCESS OF CRIMINAL TRIAL IN INDIA:
Procedure for administration of criminal justice involves investigation, inquiry and trial.
Investigation is a first step which usually the police starts after recording FIR in police station. Investigation usually ends in a police report to magistrate.
Inquiry starts when a magistrate either on police report or on any other complaint being satisfied of the facts.
Trial is the adjudication of a persons guilt. Under the CRPC, criminal trials have three main divisions having different procedures, i.e. warrant, summons and summary trials.
Warrant cases relates to offences punishable by death.
Offences punishable with death, life imprisonment and imprisonment for a term exceeding 7 years, the trial are conducted in Sessions court.
Summons cases relates to offences punishable with imprisonment not exceeding 2 years. Cases includes assault, criminal force to any women etc.
In both civil as well as criminal proceedings, the accused has the choice to adopt a valid defense.
For an act to be a crime there should be mens-rea i.e. guilty mind. The most common defenses are:-
Insanity – If the person is suffering from some mental disorder or not capable of choosing what is right or wrong.
Self defense- If the accused can prove act as being for self protection.
Entrapment- Entrapment occurs when the government induces a person to commit a crime and then tries to punish the person for committing it.
Under any influences – If the accused is under the influence of drugs and alcohol. However, voluntary intoxication does not excuse the person from criminal conduct.
Minority- If the person is below the age of 18
Duress- When a person performs the act as a result of violence, threat and other pressures.
Sudden and grave provocation – Sudden and temporary loss of control due to others proactive conduct can save a person from criminal punishment. In the case of KM Nanavati vs State of Maharashtra the accused claimed that he was under grave provocation when he killed his wife’s lover. Court awarded him 3 year imprisonment.
CRIMINAL LAWYERS IN MUMBAI FOR BAIL :
Sec 436 CrPc – When a person is in custody, he or she may apply for release from the imprisonment on payment of a security, usually a sum of money to the court, on a promise that the accused will appear for trail whenever called. The court has the power to grant bail with or without condition and has the power to refuse bail.
POLICE BAIL :
A police officer may grant bail to the accused who is present at the police station. However, the police may determine whether to grant bail after arresting and charging the person.
Certainly, the court has the authority to grant bail by accepting a certain sum of cash deposit. In case of medical emergencies and treatment the Court may consider the grant of bail.
Section 437(1) of the CrPC prescribe special circumstance under which bail can be provided to the accused.
CRIMINAL LAWYERS IN MUMBAI FOR ANTICIPATORY BAIL:
Anticipatory bail is a direction to release a person on bail, in the event the person is apprehending arrest.
Section 438 (1) of the Code lays down a condition, which one needs to satisfy before grant of anticipatory bail. The applicant must show that he has reason to believe that he may be suffer arrest for a non-bailable offence.
Grant of anticipatory bail is subject to terms
Whenever called the Accused shall make himself available for interrogation.
The Accused shall not leave India, until court grants permission.
The Accused shall not, either directly or indirectly threat any person regarding the facts of the case.
The anticipatory bail may also be subject to cancellation on an application by the Complainant.
We advise and assist both domestic and international clients. The firm has working relationships and built an intelligent network team of criminal lawyers in Mumbai. Thus, if mandated the firm is capable of briefing desired choice of counsel.
Our criminal lawyers in Mumbai represent clients on a variety of criminal matters
Quashing of Complaints, First Information Report (FIR) and Charge sheet
Criminal Writ Petitions
Regular Bail Applications
Anticipatory Bail Applications