At B&B Associates LLP, some of our top criminal lawyers in Lucknow work on both trials and criminal appeals with dedication and expertise. With years of experience handling complex cases, our lawyers are committed to maintaining a strong and respectable reputation.

Our firm has a dedicated team of legal experts, including strategists, draftsmen, researchers, pleaders, and analysts, who work together on each case to provide effective legal representation. Our lawyers handle cases in the District and Session Courts of Lucknow, the Hon’ble High Court of Allahabad, and the Supreme Court of India.

TABLE OF CONTENTS

• PROLOGUE
  • SWAMP ANECDOTE
• SCOPE OF CRIMINAL LAW PRACTICE
• THE CORE BODY OF LAW
• PROCEDURAL STAGES OF CRIMINAL LAW 
  • STAGE 1 – Complaint and Investigation
  • STAGE 2 – Registration of FIR
  • STAGE 3 – Pre-Trial Procedures
  • STAGE 4 – The Trial Process
  • STAGE 5 – The Judgment
  • STAGE 6 – Sentencing
  • STAGE 7 – Right to Appeal

• GUIDE ON FINDING & HIRING YOUR BEST CRIMINAL LAWYERS IN LUCKNOW
• FAQs ON CRIMINAL LAW

Being involved in criminal litigation, whether as the complainant or suspect, can be overwhelming and stressful. Lack of legal knowledge, fear of the police, and anxiety can lead to wrong decisions like eloping, tampering with evidence, or bribing officials, which only worsen the situation.

What do you do when you’re stuck in a difficult situation?

SWAMP ANECDOTE

Imagine being in a swamp—you instinctively want to escape, but the more you struggle, the more you sink. The best approach is to stay calm and observe your surroundings to find the best way out. In legal matters, this means understanding your situation, your options, and how to proceed wisely.

This guide aims to empower the reader with an understanding of criminal law, procedures, and the justice system. The guide has been edited to incorporate the recently enacted legislation that replaced the former Indian Penal Code, The Criminal Procedure Code, and The India Evidence Act.

The Scope Of Criminal Law Practice In Lucknow Spans Across An Array Of Recourses:

• Legal Advisory in relation to criminal law – prosecution & defence.
• Legal Advice and Support During Criminal Complaint & Investigation.
• Pre-Arrest Bail/ Anticipatory bail before the Session Court
• Pre-Arrest Bail/ Anticipatory bail before the High Court.
• Private complaint and investigation via court order.
• Application U/s 175(3) of BNSS for the registration of FIR.
• Re-Investigation and inclusion of additional charges, and accused, in a charge sheet.
•  Privately representing the complainant along with the public prosecutor.
• Application to discharge, challenging the chargesheet.
• Petition for Quashing of FIR before the state High Court.
• Contesting/ Protesting the Final Report.
• Criminal Trial – Prosecution and Defence
• Application for regular bail of accused in detention, filed before the trial court and the appellate court/ high court/ supreme court.
• Criminal Revision before the appellate court (of orders during the pendency of trial/ appeal).
• Suspension of sentence of convict.
• Appeals against the final order and judgment before the Session Court, High Court and the Supreme Court by way of special leave.
• Representation during police remand or judicial custody hearings, can be critical in the early stages of criminal proceedings.
• Specialised representation in cases involving juvenile offenders, including proceedings before the Juvenile Justice Board.
• Advising and representing clients in cases involving cybercrime, such as hacking, identity theft, and online fraud.
• Specialized defence in cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, including bail applications, trials, and appeals.
• Handling cases involving perjury (false evidence) and contempt of court, which can arise during criminal proceedings.

NOTE:

In the fast-paced world we live in, there’s often a rush to take action. However, legal representation requires careful deliberation. It’s crucial to avoid treating legal recourses like a quick-fix menu of services. Knowing the options available doesn’t mean immediately acting on them. Whether you are prosecuting or defending, we advise taking a moment to understand the law fully before proceeding with representation.

THE CORE BODY OF LAW

1. Bharatiya Nyaya Sanhita, 2023 (BNS):
The BNS, 2023, is a comprehensive code that has replaced the Indian Penal Code (IPC) and includes specific provisions that address crimes against women. It outlines various offences, including but not limited to sexual assault, harassment, domestic violence, dowry-related offences, and human trafficking. The BNS, 2023, also prescribes penalties, defines the elements of each offence, and sets forth the legal framework for prosecution and defence.

2. Bharatiya Sakshya Adhiniyam, 2023 (BSA):
The Bharatiya Sakshya Adhiniyam, 2023, which replaces the Indian Evidence Act, governs the rules of evidence in criminal cases. It defines what constitutes admissible evidence, the burden of proof, and the credibility of witnesses. The BSA, 2023, also includes specific provisions for the treatment of evidence in criminal cases, ensuring that the legal process remains fair and just.

3. Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):
The BNSS, 2023, serves as the procedural code that governs how criminal investigations and prosecutions are conducted, replacing the Code of Criminal Procedure (CrPC). It outlines the procedures for filing complaints, conducting investigations, arresting suspects, and conducting trials.

Apart from the legislations above, there are other enactments in force which aim to criminalise and curtail the illegal trafficking of drugs and narcotics, human trafficking, smuggling, illegal financial operations, prohibition of dowry etc. These have been discussed in various other articles which you can find in our Articles library.

THE PROCEDURAL STAGES OF CRIMINAL LAW:

Criminal law can be daunting, filled with legalese, and unfamiliar procedures, however, they can be understood in a few stages:

STAGE 1 : Complaint and Investigation – The Foundation:

A criminal complaint can be made by:

• Victim(s)
• Anyone on behalf of the victim(s)
• One or more affected party
• Any member of the general public – observer(s)
• Suo-moto complaint recorded by police. These types of complaints are registered by police based on their intelligence, day-to-day findings, observation, or information through unknown source, or discovery of crime/ crime scene.
• Specialised intelligence & investigating agencies/ bodies/ authorities/personnel under various authorities, and under various acts that criminalise activities such as terrorism, sedition, money laundering, other economic activities, human trafficking, drugs and narcotic trafficking, illegal gambling, domestic/ international smuggling etc.
• Through court processes, banks, financial institutions, public bodies and organisations during audits, tally etc.
• Guilty plea/ confession by criminal/ accomplice/ abettor – of crime, crime scene, method, or instrument of crime.

The first stage is the complaint stage and the preliminary investigation – which forms the foundation for everything that follows. This stage begins as soon as a complaint is registered by the police. (The police may also receive an order to investigate from the court or specialised agencies/ bodies authorised in this regard).

At this stage, the complaint is referred to as DDR (Daily Diary Report) and necessitates the appointment of an investigating officer, the IO. At this stage there may be known/ unknown suspect(s), but no accused(s).

The IO implores into the contents of the complaint to see if at all the alleged crime has been committed, and take notes of the apparent time, place, and manner in which it is committed.

• I.O. examines the alleged crime scene (if available), the alleged instrument of crime (if available) the complainant (if present), the witnesses (if present), the evidence (if available), and the suspect (if present), and determines whether there lies a prima facie case of crime.
• The suspect, under a likelihood of being embroiled in non-bailable offences, and under a fair apprehension of arrest, can move for the protection of their freedom by way of making an application of pre-arrest (anticipatory) bail before the Session Court. However, it is important to understand that at this stage of DDR when FIR is not even registered, a blanket bail cannot be granted to any suspect by the court. However, in a holistic appreciation of circumstances, if the court is convinced that the suspect/ applicant has a likelihood of being wrongly framed under a non-bailable offence, and is NOT likely to abscond, elope, influence, or jeopardise the investigation, the court may issue directions to the police to not arrest and allows a few weeks’ time to the suspect/ applicant to approach the court to avail the remedy of pre-arrest bail in case FIR is registered against them.
• This instrument in law protects a suspect in situations where the suspect is called for an investigation on the behest of a DDR, but DDR is suddenly converted into FIR and within moments the suspect is accused of non-bailable offences and arrested then and there.
• The suspect must cooperate with the investigation while bearing in mind that regardless of cajoling, duress, threats, mental pressure exerted etc. the suspect is not obligated to furnish self-incriminating statements and has a right to remain silent, and to avail legal counsel before furnishing their statements.
• Suspect can get the medical examination conducted before and after interrogation. In case an unlawful statement is expelled by wrongful means, duress, or physical torture, the suspect has a right to protest by way of making a formal complaint in this regard.
  • A common misconception
    People like to think that ‘no self-incriminating statement made in police custody is later admissible and can easily be denied”. While it’s partly true, it’s just the tip of the iceberg. The topic of evidence and its admissibility entails a lot more rationale and reasoning. Consider this exception for example – a statement made in police custody, even if later repudiated, remains admissible to the extent of its portions which led to the recovery of evidence that fits in the crime sequence. 
• If a prima facie case of crime is established, the IO can recommend the registration of a First Information Report (FIR). The registration of FIR can happen in a short span of time especially in apparently determinable cases of crime such as; a case of homicide where the dead body is present; a case of hurt where there is a medical report of the alleged assault; a case of theft or robbery where there’s recoverable evidence on the crime scene, and in case where registration of FIR is ordered by a court/ authority empowered in law to do so, and in cases of confession by a suspect leading to a tangible/ intangible constructive recovery.
• However, in cases where the commission of a crime is indeterminable, the preliminary investigation may be concluded negatively based on the findings.

STAGE 2: The Registration of FIR – Police Take the Reins:

Upon registering FIR, the police swung into action to conduct a detailed investigation into the alleged crime. This may involve visiting the crime scene, meticulously collecting evidence (including forensic analysis if necessary), examining the complainant and any witnesses, examining and interrogating the accused, and even detaining the accused in cases of non-bailable offences. Read about bailable and non-bailable offences.

Rights During the Investigation: Silence is a virtue.

It’s crucial to understand the rights of an accused during this stage.

The accused must cooperate with the investigating agencies while bearing in mind that irrespective of any duress, threats, or mental pressure exerted by the police authority, the accused is not obligated to furnish self-incriminating statements and has a right to remain silent, and to avail legal counsel before furnishing any statements.

The accused can get a medical examination conducted before and after interrogation. This may rule out the possibility of, or record, foul play during interrogation. In case an unlawful statement is expelled by wrongful means of cajoling, duress, or physical torture, the accused has a right to protest by way of making a formal complaint in this regard.

• A common misconception

People like to think that ‘no self-incriminating statement made in police custody is later admissible and can easily be denied”. While it’s partly true, it’s just the tip of the iceberg. The topic of evidence and its admissibility entails a lot more rationale and reasoning. Consider this exception for example – a statement made in police custody, even if later repudiated, remains admissible to the extent of its portions which led to the recovery of evidence that fits in the crime sequence.

When facing non-bailable offences in the FIR, the accused can move for the protection of their freedom by way of making an application for a concession of pre-arrest (anticipatory) bail before the Session Court. The application can also be preferred directly before the High Court in aggravated cases especially when the complainant is influential. If Session Court disposes without relief, the state High Court may be approached, and if the concession of anticipatory bail is not granted and merit of the case is not fully appreciated, the Supreme Court may be approached.

From Investigation to Charges: The Police Decide

Following a thorough investigation, the police decide whether to file charges against the accused based on the evidence at hand. This critical decision hinges on the evidence gathered and the likelihood of a successful prosecution.

Understanding Your Rights

Their Right to Arrest  Vs. Your Right to Freedom.

If the investigation of a non-bailable offence brings forth enough evidence to believe the accused is involved, an arrest may be made. The BNS outlines the legal grounds for arrest and the protocols the arresting officer must note and follow.

It’s vital to understand your rights at this stage. You have the right to remain silent, meaning you’re not under the obligation to answer any questions that the police might ask. Your answers can go against your best legal interest, and the police can use your answers to frame you. You have a fundamental right to an attorney, and the police are obligated to inform you of this right. If you feel intimidated or breached, you may consider reaching out for a criminal lawyer to assist you.

Prior to arrest, a pre-arrested application for bail may be preferred before the sessions court, while post-arrest, a regular bail can be tried for.

Bear in mind that during the pendency of pre-arrest bail application before the court and especially until there is no explicit direction to stay the arrest in the interim, the police may continue with their search and detain expedition.

Also bear in mind that the concession of bail is a conditional relief and the accused must cooperate with the investigating officer and their investigation, and shall not hinder it in any manner or flout other conditions of bail. The accused must come present before the court on each date of the trial proceedings unless exempted by the court.

The accused has a right to a fair trial, including the right to defence, and an opportunity to be heard at every step.

STAGE 3: Pre-Trial: The Fight for Justice Begins:

After the chargesheet is presented, it is argued before the court on the relevance, lawfulness, and applicability of the charges pressed by the prosecution. If the trial court deems it fit and proper, the charges are framed against the accused and the accused is allowed to plead guilty or contest the charges.

At this juncture, if there has been an error by the trial court in framing the charges, the accused may approach the High Court for quashing of the FIR.

Similarly, if the prosecution feels that the accused has wrongly been discharged or if charges have not been rightly framed, they too can appeal the order.

The BNSS provides a roadmap for the pre-trial procedures, which may involve motions to suppress evidence or challenges to the charges themselves. This is the stage when a criminal lawyer starts advocating for their client’s rights and fair trial, navigating the complexities of pre-trial matters, and ensuring that the client’s rights are protected.

STAGE 4: The Trial Unfolds: 

The trial takes place in the open court before a judge, unless it is decided to be a private in-chamber trial/ hearing.

The prosecution presents their case, outlining the evidence they have gathered against the accused.

The accused has the right to defend, present their own witnesses and evidence, cross-examine the prosecution’s witnesses, and challenge their evidence.

The burden of proof lies entirely on the prosecution; they must convince the judge beyond a reasonable doubt that the accused is guilty.

The benefit of the doubt is given to the accused. Technically, the accused has to create doubt in the mind of the judge and benefit from it.

No stone can be left unturned in the trial, every possible argument, material evidence, witness, counts.  Trial is where a lot of courtroom nuance comes into play and it takes a good criminal lawyer to secure the best interest.

The Right to a Fair Trial: Justice in Action

A fair trial ensures that the legal proceedings are conducted justly and impartially. Here’s what a fair trial entails:

• Presumed Innocent Until Proven Guilty: The law presumes you innocent until the prosecution proves your guilt beyond a reasonable doubt. The burden of proof lies entirely with them.
• Due Process: Your Voice Matters: You have the right to be present in court during your trial, to confront your accusers directly, and to present a defence that counters their claims.
• A Speedy Trial: The BNS outlines a timeframe for bringing a case to trial. This prevents you from being left in legal limbo for extended periods.

Beyond the Basics: Additional Protections

The BNSS grants you even more rights, including:

• Right to Know the Charges: You have the right to clear information about the specific charges you are facing.
• Public Trial: In most cases, your trial will be open to the public, fostering transparency in the legal system.
• Protection from Double Jeopardy: You cannot be tried for the same offence twice.

STAGE 5: The Judgment – A Moment of Reckoning:

Following the consideration of all evidence and closing arguments, the judge deliberates and delivers the verdict.

The judge delves into all aspects of investigation and trial, considers all evidence, and witnesses, and all charges are separately discussed against all accused persons and a judgement is formed based on the court’s findings.

A verdict of “not guilty” means the charges are dismissed, and the accused is acquitted and exonerated of all counts. However, a verdict of “guilty” means the court finds the accused guilty of one or more charges, convicts the accused, and consequently the court proceeds to sentence.

STAGE 6: The Sentence

In case of conviction, the court determines the appropriate punishment based on the severity of the offence, criminal history (if any), and other relevant factors such as chance of rehabilitation, dependents etc. The BNS outlines the range of sentencing options available, which could include fines, probation, or imprisonment for varying lengths.

STAGE 7: Right To Appeal: Justice Beyond Trial

The BNSS also ensures your right to appeal the conviction or sentence to a higher court. If errors are found in the trial process or the judgment, it may be overturned by the appellate court. An experienced criminal lawyer can evaluate the merit of the case and judgement, and guide through the appeals process. 

The scope of appeals is limited to the application of law and its interpretation, the appellate court is not a court of fact or evidence, but the court of law, whatever has been brought on court file in the trial is already a matter of record. In case a party wishes to bring additional evidence on record, the leave of the court has to be obtained and the opposite party has a right to challenge it tooth and nail. 

The question anyway arises, why was the fact/ evidence not presented during the trial? This is the reason why it is said that the court procedure is one-way traffic and once an opportunity is missed, it is missed forever.

GUIDE ON FINDING & HIRING YOUR BEST CRIMINAL LAWYERS IN LUCKNOW

Law is a dynamic field of study with many subjects, the set of lawyers who specialise in criminal law – theory and practice – are referred to as criminal lawyers. Their legal practice is inclined towards criminal litigation and advisory. In Lucknow alone, there are over 30000 lawyers registered with bar associations of the District Court Lucknow and the High Court of Punjab and Haryana.

The best criminal lawyers have good experience and adopt a methodological approach towards litigation law practice. They manage their office and schedule well, and ensure in-depth inquiry, research, study, and preparation for each case.

While it becomes vital to seek legal counsel from a qualified criminal lawyer as soon as there is a possibility of facing criminal charges, it is preferred that people become aware and acquainted with the basic nuances of the law. People who fully appreciate the gravity of their situation, bear a realistic approach and manage their expectations well, have a greater chance at successful representation.

An experienced criminal lawyer guides their client through each stage of the process, ensuring the rights of their client are fully protected. The counsel ensures that the trial is conducted as per due process of law and the client gets to avail all possible recourses and remedies available to them. A good lawyer helps strategise litigation and follow through with a strategy. 

One must bear in mind that any ethical criminal lawyer, despite their stature, enigma, and reputation, will never guarantee results, nor will they solicit or sweet talk their clients into retaining them, or promote false and fictitious litigation. Instead, they will focus on the narration, case studies, merits of the case, strategizing litigation, and determining the best way to present it. They will settle their legal fee upfront and may provide a schedule of payment which will not be tied up to the results, they will not partake in any commissions or “result-based” fees. 

All such practices by advocates are considered unethical by the Bar Council Rules. If any counsel is guaranteeing results, or asks to pay a part of the fee now and the remaining part after victory, one should know that something is just very wrong. The services offered by best of the lawyers are not up for bets. The fee they charge is for their services – craft, skill, acumen, knowledge, and dedication to their work, and it is irrespective of results.

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Meeting with potential lawyers to discuss the matter and understand their approach and bent of mind can bring clarity in making a well-informed decision.
It is advisable to know the consultation charges beforehand.
Generally, good lawyers are professionals who do not render free legal advice.
Consult 2-3 lawyers before dotting on your best find.
If travelling comes as a task, you may consult via phone, or email, or teleconferencing.
Many reputed law offices are equipped with remote consulting.

FAQs ON CRIMINAL LAW