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Region, Areas of Practice & Type of Legal Services Which Can Be Availed by Litigants in Chandigarh

Our proficient criminal lawyers in Chandigarh bring diligence and dependability to law practice by extending ethical and empathetic dealings to our clients. Years of legal practice experience and a disciplined work approach enables the law firm to extend an expertise of decoding exigent criminal cases. Firm’ advocates offer transparent and fair dealings by committing to client-attorney ethics and privilege. Instead of hosting false promises, our advocates make genius efforts in order to show our clients to justice. The firm ensures that the best possible legal recourses are adopted and timely justice is brought in each case. Criminal law matters require extensive research, dedicated fact study, and great comprehension skills. B&B’s criminal law advocates adopt a systematized approach to work and deploy role division which further ensures that every aspect of a lawsuit gets the due importance – be it fact-study, analysis, drafting, or pleading. A large number of previously misguided litigants take abode in B&B Associates LLP every month – to get the right advice and to adopt proper assistance and legal recourses available to them. As a team, B&B Associates LLP strive to its best to have litigants restore their trust and faith in law and the legal system.

Substantive law and procedural law are two limbs of criminal law.

Golden Rules

Is Perjury a Crime in India?

Yes. Leading false statement, furnishing false evidence, or quoting falsely on oath with a malicious intent –before a public authority or before a court of law comprise the offence of perjury. Perjury is a crime against justice and so is listed as a crime against state in various sections of IPC. It is important to understand what all constitutes perjury and the particular sections in IPC which deal with the crime of Perjury. Besides, provisions in CrPC contain the procedural nuances. To know more about perjury you may follow ourVlog on perjury in which we have discussed about everything that comes under the ambit of Perjury and also given out the procedure that needs to b adopted.

What are the benefits of hiring an experienced criminal lawyer?

Ignominies attached to the criminal charge, the hardships of punishment, and the destruction of life that comes along with wrongful conviction makes it important to take criminal matters seriously and seek the most prudent guidance of an expert criminal lawyer who has an in depth knowledge of Criminal law and interpretation of various applicable statutes, as well as, is versed in landmark judgments and their application in the case in hand.

Is there any law regarding the confidentiality of rape victim in India?

Yes, it is forbidden by law to reveal the identity of a rape survivor. The person printing or publishing the matter or disclosing the identity of the survivor of the offences under Section 376, Section 376A, Section 376B, Section 376C, and 376D, is punished either with imprisonment for a term which may extend to 2 years, fine, or both under Section 228A of Indian Penal Code which prohibits the disclosure of identity of rape survivor and some other offences.

Is there any provision of imprisonment for criminal defamation in India?

Yes, Indian Penal Code, 1860 signifies the punishment for the defamation under which a criminal case can be lodged. The accused of performing criminal defamation will be imprisoned for 2 years or can be charged with fine or with both under Section 499 and Section 500 of IPC. For civil defamation, monetary compensations are awarded.

What is the punishment for accidentally killing someone in India?

The cases of causing death by negligence in India are registered under Section 304(A) of the Indian Penal Code. It demarcates the punishment for causing the death of a person by any negligent act which is not signifying a culpable homicide, with either the imprisonment of a description for a term which can extend to 2 years, fine, or both. And if a person is killed during self-defence, Section 103 and Section 104 of the Indian Penal Code has the provision where killing in self-defence is legal in India. Even in an attempt to rape or kidnapping matters, the court may consider killing the abuser as legal after being satisfied with arguments and evidences.

What rights are guaranteed to an accused in a criminal case by the Indian Legal System?

The accused is presumed to be innocent until proven guilty beyond reasonable doubt before the court of law. While arrested, an accused has the right to appeal, right to humane treatment, and right to family visits.

Other rights of an accused charged with criminal offence comprise:

• Right to know the accusations and charges

• Right against the undue arrest

• Right against self-incrimination

• Right to be discharged in the absence of sufficient ground

• Legal aid in specific scenarios at state expenses

• Right to cross-examine the witnesses

• Right against double jeopardy

• Right to be defended

• Right to be present during and at trial

Besides, the other minor legal rights may accrue to an accused based on the facts and circumstances, about which a proficient criminal lawyer can guide.

Will a false FIR affect my career?

A false FIR will certainly not affect one’s career until he/she is proven guilty. Besides that, a false FIR’s effect on your job also depends upon the HR policy of the company you are working with.

The best option in such scenarios for the falsely/ wrongly charged person is to seek the intervention of the Hon’ble High Court U/s 482, CrPC to have the false FIR Quashed.

Can I file a cybercrime complaint in a local police station in Chandigarh?

No, you have to contact the cybercrime cell in Chandigarh which is located in Sector-17, Chandigarh. So instead of visiting your local police station, you need to move to the cybercrime cell of your area to lodge a complaint regarding any cybercrime.

When can quashing of an FIR be sought? When to file for Quashing of FIR U/s 482, Cr.P.C.

As against popular belief, quashing of FIR is not a right positioned in law, but, it is a matter of discretion of the High Court which can issue direction to any subordinate mechanism of the state while watching the interest of justice. A quashing of FIR is entertained only after accused has been charged. Before that, the accused has a right to refute the charges in front of the magistrate by defeating prima-facie of the prosecution’s case. Therefore, until an accused has not been charged by the magistrate as adverse to law, the High Court will have no reason to interfere.

What is anticipatory bail? How long is an anticipatory bail valid?