Criminal Lawyers in Chandigarh

Yes. Leading false statements, furnishing false evidence, or quoting falsely on oath with 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 the 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 procedural nuances. To know more about perjury you may follow our blog on perjury in which we have discussed everything that comes under the ambit of Perjury and also given out the procedure that needs to be adopted. Is perjury criminal or civil? What is the punishment for lying under oath? We have tried to answer all these queries in our vlog.

Ignominies attached to the criminal charge, the hardships of punishment, and the destruction of life that comes along with wrongful conviction make 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. Only then you can avail the advantages of hiring a lawyer.

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 the identity of a rape survivor and some other offences.

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 a fine or with both under Section 499 and Section 500 of IPC. For civil defamation, monetary compensations are awarded.

The cases of causing death by negligence in India are registered under Section 304(A) of the IPC. It demarcates the punishment for causing the death of a person by any negligent act which does not signify a culpable homicide, with either the imprisonment of a description for a term which can extend to 2 years, a 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.

TThe accused is presumed to be innocent until proven guilty beyond a 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, which an experienced criminal lawyer can guide.

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.

No, you have to contact the cyber crime 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.

As against popular belief, quashing of FIR is not rightly 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 the accused has been charged. Before that, the accused has a right to refute the charges in front of the magistrate by defeating the 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.

An accused is not presumed to be guilty until he/she is proved guilty in court. The plea for anticipatory bail can be filed under Section 438 of CrPC under a reasonable apprehension of being wrongly accused of a non-bailable offence and to save from being detained. Usually in India, courts accord an anticipatory bail for 30 days which can be further prolonged with the application of regular bail. However, if the court is satisfied with some particular conditions and has not specified the validity of anticipatory bail, then it will remain valid even after 30 days under the discretion of the court till the disposal of the case.