Criminal Law

Home/Criminal Law

Permission to go abroad in a criminal case

Criminal Law|

Many a times in India, a person is involved in a false case by police authorities because of rampant corruption in India. Police in India, known to be highly corrupt, takes bribe and registers case against innocent persons on flimsy evidence. In criminal cases, court seizes the passport of a person and he or [...]

Suspension of sentence in murder appeal under section 302

Criminal Law|

In a murder case, criminal lawyers in Chandigarh suggest that suspension of sentence should not be filed before around half the sentence is over. This means a wait of five to seven years. But we do not follow any such straight jacket formula. We always insist on reading complete file when someone asks our suggestion [...]

Regular Bail in Chandigarh High Court – an example

Criminal Law|

Our client was accused of cheating persons and involved employees of Punjab and Haryana High Court. He was accused by complainant that he had taken money by making false promise that he will get brother of complainant a permanent job in high court. Allegedly, this was a false promise and he had committed offense of [...]

How do U.S.-based information technology companies commit crimes in India and violate legal provisions of Indian laws and get away with it?

Corporate Law, Criminal Law, Intellectual Property|

This information is being provided based on a real-life situation. Let us consider this question with the help of an example. Suppose there is a U.S.-based information technology company which wants to open a subsidiary in India. A foreign company or its subsidiary has to pay a higher rate of tax than a domestic company [...]

Power to summon as witness – Section 311 of CrPC

Criminal Law|

Sections 311 of the Criminal Procedure Code states that the trial court has powers to summon a person as a witness and also to examine a person who has not been summoned as a witness as of now. The trial court also has powers to re-summon recall a witness who has already been examined. According [...]

Application under section 319 of the Criminal Procedure Code

Criminal Law|

Section 319 of the Criminal Procedure Code states that when a trial is going on and the court comes to know from the evidence which has been put forth before the court that some other person who is not appearing before the court as an accused person might have committed the offence, the court can [...]

Some legal aspects of section 138 of Negotiable instruments Act

Criminal Law|

The litigation arising out of section 138 of the negotiable instruments Act is increasing at a steady pace. This is because the legislature has made it a criminal offense that a person who pays by cheque should have an excuse of not paying because the cheque given by him was bounced. Section 138 Lawyers in [...]

Some Aspects of Juvenile Justice Act – Chandigarh Lawyers

Criminal Law, Family Law|

Juvenile Justice Care and Protection Act is social welfare legislation. Such statutes enacted by Parliament are also known as remedial statutes. Its preamble clearly shows that it is "an Act to consolidate and amend law relating to denials in conflict with law and children in need of Care and Protection by providing for proper care, [...]

Procedure to Lodge First Information Report

Criminal Law|

If a criminal offense has been committed, any person can lodge a First Information Report/F.I.R. by making an application to the station house officer/SHO of the police station which has territorial jurisdiction on the place on which the offense has been committed. This means that it is not necessary that only the victim of an [...]

Quashing of FIR – First Information Report – under section 482 of CrPC

Criminal Law|

Lawyers in Chandigarh regularly file petitions in Punjab and Haryana High Court at Chandigarh for quashing of First Information Report or criminal complaint. These are filed under section 482 of CrPC. Under section 482, wide extraordinary power of quashing of FIR is vested in the High Court. This discretionary remedy is to be exercised sparingly [...]

Prevention – How to protect yourself against false 498A FIR

Criminal Law, Family Law|

Background Suppose, there is a matrimonial dispute between husband and wife and consequent irretrievable breakdown of marriage without initiation of any divorce or other proceedings under family law. The wife decides to take the path of vengeance and teach her husband a lesson instead of following the legal recourse available to her. She drafts a [...]