• Expert Criminal Lawyer
    in Chandigarh

    Advocate Chandigarh

PUNJAB AND HARYANA
HIGH COURT CHANDIGARH

Advocate SS Sidhu
Criminal Lawyer in Chandigarh High Court

Practice Area – Criminal Law

Types of cases handled in criminal law –

  • Anticipatory Bail
  • Fraud and Forgery (including cheating with Bank/ Financial Institutions)
  • Cheating
  • Central Bureau of Investigation (CBI) cases
  • Company related criminal cases (financial frauds, chit-funds)
  • Criminal Appeal
  • Criminal Breach of Trust
  • Criminal Revisions
  • Criminal Writs
  • Protection of life and liberty of NRI(s)
  • Dishonor of Cheques (s.138 of Negotiable Instruments Act)
  • Domestic Violence matters including cases under section 498A of IPC
  • Drafting and Filing Criminal complaints and FIRs
  • Embezzlement
  • IPR/ Intellectual Property Rights/ Cyber Laws and Piracy related criminal proceedings
  • Juvenile Justice Act
  • Misappropriation of funds
  • Narcotics and Drugs violations under NDPS Act
  • Prevention of Corruption Act
  • Quashing of Criminal Complaints
  • Quashing of FIR (First Information Report)
  • Quashing of PO proceedings
  • Regular Bails
  • Special Investigation Team (SIT) related cases
  • Suspension of Sentence

Courts, Commissions and Forums

  • Punjab and Haryana High Court
  • District Courts in Chandigarh, Panchkula and Mohali
  • NRI Cell, NRI Commission, Special CBI Courts, National Commission for Women
  • Human Rights Commission

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Address

Room Number 21, New Bar Complex,
Above Gate No. 4, Punjab and Haryana High Court
Chandigarh

Email/ Mobile

+91-7696016815
criminallawyer.sidhu@gmail.com

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Anticipatory Bail Lawyer in Chandigarh

Anticipatory bail is a type of bail given under the section 438 of the Code of Criminal Procedure 1973. Section 438 of the Code of Criminal Procedure states that any person has a reason to believe that he might be arrested on accusation for a non-bailable offence, he may approach the High Court or a Court of Session to apply for anticipatory bail under this section and the above given courts may direct that such a person be released on bail. The court has to look into certain factors before the grant of anticipatory bail like the nature and gravity of the offence committed by the applicant; the antecedents of the applicant like whether he has previously undergone imprisonment, etc; the possibility of the applicant to flee and whether the accusation has been made with the object of injuring or humiliating the applicant. If the court is satisfied that the applicant should be given bail after carefully examining the above given factors, directions are passed and anticipatory bail is issued. There are conditions that have to be met in order to attain anticipatory bail by the applicant:-
i) that if such a court where anticipatory bail is applied, denies the application or rejects it, it is open to an officer in charge of a police station to arrest the applicant without a warrant.
ii) that a seven days notice to the public prosecutor and the Superintendent of Police has to be given with a view to give them reasonable opportunity to be heard.
iii) that the presence of the applicant is obligatory at the time of final hearing of the application and passing of the order by the court.

Although the court may pass an order for the anticipatory bail, the court may put certain conditions as it deems fir upon the applicant which may include- that the applicant may shall make himself available for the police interrogation when required; the applicant shall not make any indirect or direct inducement or threat to any person acquainted with the facts; that the applicant may not leave India without prior permission of the court and any other conditions the court deems fit. Therefore the whole aim of providing anticipatory bail to an applicant of the same is to provide bail to a person who might be accused of something which he might have not done and it is the applicants responsibility to prove that he has a prima facie case and that he should be released on bail if such a situation arises that he might be arrested.

Regular Bail Lawyer in Chandigarh

Section 436, section 437 and section 437A deals with the provisions relating to regular bail. Any person arrested for an offence may apply to the court for bail. In simple words, bail means any person arrested will be released on giving certain security in form of bonds to the court. The conditions which are required for getting regular bail are-
i) The offence committed should be bailable
ii) A security (monetary) has to be given to the court in form of bonds or some other things which make sure that the applicant doesn’t run away or go absconding.
iii) The court may put any conditions as it may deem fit for giving the bail.
iv) Lastly it is upto the court’s discretion if it wants to give the bail, deciding by the facts of the case.

Lawyer in Chandigarh Cheating (section 420) Cases

One of the serious offences which is committed in our country on a large scale is cheating. Cheating is covered from section 415 to section 420 in The Indian Penal Code 1886. Section 415 gives the definition of cheating which states that- whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or to omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. There are various kinds of cheating like- cheating by personation which is covered under the section 416 of the act. It is clear what cheating by impersonation is. It is when a person cheats by pretending to be someone else. Example of such a cheating is if a person pretends to be a rich banker of a same name and is actually not.

Section 417 gives the punishment for cheating and states that whoever cheats may be punished with imprisonment which may extend to one year and fine.
Cheating has many aspects and hence it is divided into various sections. Section 418 covers cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect. Which means that any person who cheats with the knowledge that he is likely to cause a wrongful loss to a person who has an interest in the transaction will be covered under this section. Section 419 gives the punishment for cheating by impersonation and states that if a person cheats by pretending to be someone else he may be imprisoned which may extend upto 3 years and fine.
The last section which deals with cheating is section 420 which deals wit cheating and dishonestly inducing delivery of property. Therefore if any person cheats or dishonestly induces any person to deliver any of his property or anything valuable (or anything which can be converted into a valuable security) will be charged under this section. The punishment for this is imprisonment which may extend upto 7 years and also fine. It is a non-bailable, cognizable offence.

Lawyer in Chandigarh for Criminal Appeal

Criminal appeals are given in the Code of Criminal Procedure, 1973. Appeal is one of the two important review procedures. An appeal is a complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse. An appeal is a creature of statute and there can be no inherent right of appeal from any judgment or determination unless an appeal is expressly provided for by the law itself. Therefore an appeal lies to a higher court where any person is aggrieved by the decision of a lower court but only if such an appeal is given in the law. It is not that appeal lies is all types of cases, there are a certain cases where no appeal lies; they include-
i) no appeal lies unless provided by law(section 372).
ii) no appeal lies in petty cases(section 376).
iii)no appeal lies where the accused is convicted on his plea of guilty(section 375).
Other sections and provisions given under the act for appeals are-
i) Section 377 gives a provision for appeal by the state government against a sentence
ii) Section 378 gives a provision for appeal in case of an acquittal
iii) Section 379 gives the provision for an appeal against the conviction by a High Court in certain cases.
iv) Section 380 gives a special right of appeal n certain cases.
V) Section 381 provides with the procedure of how an appeal to court of sessions is heard.
vi) Section 382 gives everything regarding a petition of an appeal.
Vii) Section 383 provides a procedure when the appellant is in jail.
viii) Section 384 gives the provisions relating to the summary dismissal of appeal.
ix) Section 385 provides for the procedure where the appeals are not dismissed summarily.
x) Section 386 gives the powers of the appellate court.

Therefore appeal is a very powerful and a very important tool in assuring that proper justice is served to everyone and if someone is wronged by any of the lower courts, such a person aggrieved may appeal to a higher court for reviewing of his case and gets a chance at justice. It has proved to be a great tool as many of the innocent people get convicted even if they are not wrong, due to the inefficiency of the lower courts or some other reason, but this powerful tool of appeal helps in rectification these mistakes and the wrong done to the appellant.

Lawyer in Chandigarh for Criminal Breach of Trust

Section 405 IPC mentions and defines a criminal breach of trust. It states that in order to constitute the offence of criminal breach of trust, it must be established that the accused was entrusted with the property or with dominion or power over the property of another and that he dishonestly misappropriated it or converted it to his own use. It simply means that if any person uses another’s property in such a way that benefits him while that property was entrusted to such a person by another upon trust it amount to criminal breach of trust. Important ingredients of section 405 are:
i) The accused must be entrusted with property or with domination over property
ii) The person entrusted must dishonestly misappropriate or convert to his own use that property.
Only if the above given ingredients are present then a criminal intimidation will be constituted.

Lawyer in Chandigarh for Criminal Contempt

Criminal contempt of court is a charge which is employed to punish behavior that interferes with the proceedings or order of a court. It basically means that if any person if not following the code of conduct in the court or interferes with the proceedings of the court where the court is unable to perform its duties because of such a conduct, it is called criminal contempt. The judges usually have discretion in deciding whom to hold in contempt. Those held in contempt can include parties to a proceeding, advocates, witnesses, etc. There are various charges that can be put in a criminal contempt of court. There are two types of contempt-
i) direct contempt is when it happens in the court room.
ii) indirect contempt is when the contempt takes place outside of a court room.

Lawyer in Chandigarh for Criminal reference

Whenever a criminal complaint is filed against any person or a case is going on in a court of law, criminal references are taken out for the better understanding of the accused. It involves the records of police where the police will check their records and check if there are any other cases piled up against the accused or has been ever imprisoned before. Basically the whole criminal history is taken out by the police to give references to the court. It also includes a background check, basically references are a intensive research of any person’s criminal records and history which may become relevant for the proceedings of a particular case or environment.

Lawyer in Chandigarh for Criminal Revision

Contained in the sections 397- section 405 of the Code of Criminal Procedure, 1973. Revision is the process of examination of an order of a lower court by a higher court, so as to rectify any improper exercise of a judicial power. The precise purpose of a revision is to examine the correctness, legality or propriety of any proceedings before any inferior court. Revision keeps the lower court within the bounds of their authority and makes them work accordingly to well defined principles of law. Revisional jurisdiction is analogous to power of supervision and superintendence. The provision of revision is discretionary in nature, so no party to a case has an inherent right to be heard before a court exercising revision. The court can dispose of the revision petition on its own without even hearing the parties.

Lawyer in Chandigarh Criminal Writ

Articles 32 and 226 are the provisions of the constitution that together provide an effective guarantee that every person has a fundamental right of access to the courts. Article 32 confers powers on the Supreme Court to enforce the Fundamental Rights. The High Courts have a parallel power under the Article 226 to enforce the fundamental rights. Article 226 differs from article 32 in that whereas article 32 can be invoked only for the enforcement of fundamental rights whereas article 226 can be invoked for other purposes as well. This means that Supreme Court is limited in some way as compared to High court under article 226. Therefore quashing of FIR etc can be invoked with the help of a criminal writ which can be filed in a High Court.

Lawyer in Chandigarh for Defamation

Defamation has its definition in section 499 of the Indian Penal Code. The aim of this law is to provide protection to any person in regard to his reputation, honor, integrity and dignity in society. These are all protected by law because humans being social animals have to live in a society and living in a society without honor is not living and hence such reputation and respect of a person against fake and frivolous statements which may harms ones reputation is protected by law. There are two types of defamation:
i) Slander; which means when defamation is done by the way of a verbal means, that is to say that for example a person makes false statements verbally about another person, it will be considered as slander.
ii) Libel; which means when defamation is done by the way of a written or any non verbal means, examples of libel include a newspaper publication, posters, articles etc.

Section 500 of the Indian Penal Code gives the punishment for defamation which says that a person convicted with defamation may be imprisoned to a simple imprisonment upto 2 years and fine. Section 501 specifically mentions that if a person defames another by printing or engraving a matter known to be defamatory, he shall be punished with the same as section 500.

Lawyer in Chandigarh for Dishonor of Cheque case

Dishonor of cheques is a serious offence which means that that if a person gives a cheque to someone and it gets disapproved due to any reasons which may include insufficient funds etc, such a person shall be punished because a cheque represents a promise on the payee’s behalf that such an amount will be paid whenever the cheque is deposited, it is kind of a payment which not completed would result in punishment. It is given under the section 138 of the Negotiable Instruments Act of 1881. The punishment given under this section is imprisonment upto 2 years and also the convict is liable to fine.

Lawyer in Chandigarh Domestic Violence case

Domestic violence is a very serious problem in our country and more than 60% of the married women are subjected to domestic violence.
There are certain laws related to domestic violence in our country but the most prevalent law if covered under the section 498 A of the Indian Penal Code. It includes any relative or husband of the married woman subjecting her to cruelty. Now this section is a broad one and it includes cruelty in way of physical cruelty and also mental torture. It is upto the court to interpret this section as its own discretion and decide although this section has given a wide scope for protection of such married women against domestic violence. The punishment involves imprisonment which may extend upto 3 years for the husband and the relatives involved along with fine. Also section 4 of dowry prohibition act gives provisions for domestic violence.

Lawyer in Chandigarh for Forgery case

When any person makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person (company) or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with the intent to commit fraud, has said to be committed forgery. It is mentioned from sections 463-477 of the Indian Penal Code.
Section 463 defines and mentions what forgery is.
Section 464- making a false statement
Section 465-Punishment for forgery (two years with fine)
Section 466-Forgery of record of court or of public register
Section 467-Forgery of valuable security, will, etc
Section 468-Forgery for cheating
Section 469-Forgery for harming reputation
Section 470-Forgery of documents and electronic records
Section 471-Using as genuine a forged document or record
Section 472-Counterfeit seal, with intent to commit forgery
Section 473-Making or possessing counterfeit seal
Section 474-Having possession of forged documents or having knowledge of it being forged
Section 475- Counterfeiting device or mark knowing it to be forged and intending to use it as genuine
Section 477- Fraudulent cancellation, destruction of will, authority to adopt, etc
Section 477A- Falsification of accounts

Lawyer in Chandigarh for Murder case

Murder is one of the most heinous offences that can be committed in our country or anywhere else. The rate of murder throughout the world is sky rocketing. The definition of murder is given under the section 300 of the Indian Penal Code and section 302 of the code mentions the punishment for a person who commits murder. It is given under the heading offences relating to bodily injury in the Indian Penal Code. The punishment for committing murder is death penalty (in rarest of the rare cases) or life imprisonment and also fine.

Lawyer in Chandigarh Extortion case

It is given under the section 383 of the Indian Penal Code. It states that whoever intentionally puts any person in fear of any injury to that person, or to another, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed which may be converted into valuable security, commits extortion. Section 384 provides for the punishment for committing extortion which is imprisonment upto 3 years and fine. Other sections include-
i) Section 385- putting person in fear of injury to commit extortion
ii) Section 386- extorting by putting a person in fear of death or grievous hurt
iii) Section 388- extortion by threat of accusation of an offence punishable with death or imprisonment for life.

Lawyer in Chandigarh for Rape case

The most heinous offence that can be committed is Rape. It is a widespread offence in our country and strict laws have been made continuously for the elimination of this social evil and heinous offence.
Sections 375 of the Indian Penal Code provides the definition of rape and sectons 376 gives the punishment for rape. Section 376(A)- Section 376(E) provides various kinds and ways as how this offence may be committed.
The punishment involved in this case is very severe which involves imprisonment which may extend to life and not less than 7 years and also fine.
With continuous rape cases coming to light, even with minors, more and more severe punishments are being included also special guidelines have been laid down by a committee to deal with such sensitive cases after the infamous Nirbhaya Rape case in Delhi.
17. Grievous Hurt:
The offence Grievous hurt is defined under the section 320 of the Indian Penal Code. The following kinds of hurt only are designated as “grievous”-

Firstly- Emasculation.
Secondly- Permanent privation of the sight of either eye.
Thirdly- Permanent privation of the hearing of either ear.
Fourthly- Privation of any member or join
Fifthly-Destruction or permanent impairing of the powers of any member or joint.
Sixthly- ermanent disfiguration of the head or face.
Seventh- Fracture or dislocation of a bone or tooth.
Eighthly-Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

The punishment for grievous hurt is imprisonment upto 7 years which may extend to 10 years. It simply means that any serious injury done to anyone disabling him permanently or temporarily.

Lawyer in Chandigarh for Suicide case

Attempt to commit suicide is mentioned under the section 309 of the Indian Penal Code. It clearly states that whoever attempts to commit suicide and does any act towards the commission of such an offence, shall be punished with simple imprisonment for a term of one year or fine or both.
Basically taking anyone’s life is an offence in our law even if it is one’s own life.

Lawyer in Chandigarh for Juvenile Justice Act

Te juvenile justice act is made simply to provide security and preserve the rights of the juveniles. The basic principles of the act are as follows-
i) The principle of dignity and worth for juveniles.
ii) The principle of Participation, where every child shall have right to be heard and participate the process and decisions affecting his interests and his views to be taken into consideration.
iii) The principle of best interest, wherein all the decisions the primary consideration regarding the child must the child’s best interest.
iv) The principle of family responsibility where the primary responsibility of care, nurture and protection of child shall be that of parents either biological or foster as the case may be.
v) The principle of safety, where all measures must be taken to ensure the safety of the child.
vi) Positive measures: All resources are to be mobilized including those of family and community, for promoting the well-being, facilitating the development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention under this Act.
vii) The principle of non-stigmatizing semantics, where adversarial or accusatory words are not to be used in the processes pertaining to a child.
viii) The principle of non-waiver of rights, where no waiver of any of the right of the child is permissible or valid, by the child or person acting on behalf of the child, or a Board or a Committee and any non-exercise of a fundamental right shall not amount to a waiver.
ix)The principle of equality and non-discrimination, where no discrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability and equality of access, opportunity and treatment shall be provided to every child.
x) The principle of the right to privacy and confidentiality, where every child shall have a right to protection of his privacy and confidentiality, by all means, and throughout the judicial process.
xi)The principle of institutionalization as a measure of last resort where a child shall be placed in institutional care as a step of last resort after making a reasonable inquiry.
xii) The principle of repatriation and restoration where every child in the juvenile justice system shall have the right to be reunited with his family at the earliest and to be restored to the same socio-economic and cultural status that he was in, before coming under the purview of this Act, unless it is not in his best interest.
xiii) The principle of a fresh start, where all past records of any child under the Juvenile Justice system should be erased except in special circumstances.
xiv)The principle of diversion, where measures for dealing with children in conflict with the law without resorting to judicial proceedings shall be promoted unless it is in the best interest of the child or the society as a whole.
xv) Principles of natural justice where basic procedural standards of fairness shall be adhered to, including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity under this Act.

Therefore the act helps the juveniles in a lot of ways for the preservation of their rights and also a safe and secure future for them.

Lawyer in Chandigarh for POCSO case

i) The Act defines a child as any person below eighteen years of age, and regards the best interests and well-being of the child as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child.
ii)It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor.
iii) People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act. The Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.

POCSO act therefore punishes any person who is found guilty of exploiting any minor (any child under the age of 18 years) and also provides for the protection of children from sexual offences. It is very important to protect our youth from such exploitation and when the need of such laws was sought POCSO was passed.

Lawyer in Chandigarh forMisappropriation of Funds

Dishonest misappropriation of funds or property is given under the section 403 of the Indian Penal Code 1886. It states that whoever, dishonestly misappropriates or converts to his own use any movable property, shall be punished. The punishment includes imprisonment of either description for a term which may extend to two years, or with fine or both. This section only deals with movable property, which has been misappropriated.
It is a non-bailable and a non-cognizable offence.

Lawyer in Chandigarh for NDPS Act – Narcotics Drugs and Psychotropic Substances Act case

Narcotic Drugs and Psychotropic Substances Act was passed on November 14 1985 in order to eliminate the possession and consumption of narcotic drugs. A need was felt that such an act should be implemented when the drug problem in our country was getting really severe and some legislation was needed to control the drug problem. The act has been amended thrice (1988, 2001 and 2004). Over the years, this Act has been criticized as a hasty piece of legislation that had been introduced under pressure and pointed key flaws in its functioning. Since there is no clear definition of what is to be done with naturally found plants like cannabis, people have been able to get away legally for consuming bhang, because even that isn’t mentioned in the Act. Furthermore, the Act has been criticized for not giving the necessary leeway to the medical usage of these substances.
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Lawyer in Chandigarh for Possession of Drugs case

Possession of drugs is a serious offence under the Narcotic Drugs and Psychotropic Substances Act. This act punishes the people committing any offence given under this act like the possession or consumption of substance (substance abuse), including narcotic drugs and psychotropic substances.
Different punishments under this act include-
i)Possession of opium (section 18).
ii) Possession of cannabis (section 19).
iii) Possession of psychotropic substances (section 22)
The punishment includes imprisonment depending on the quantities of the substance caught which may go upto rigorous imprisonment upto a term of 10-20 years if caught in commercial quantities and also a fine which may go upto 2 lakh rupees.

Lawyer in Chandigarh for Negotiable Instruments Act cases (cheque bounce)

A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, with the payer usually named on the document. The laws relating to negotiable instruments are regulated and implemented under the Negotiable Instruments Act of 1881. The Act deals with all the instruments of the given nature and also mentions offences relating to negotiable instruments and their punishments. Negotiable instruments include:
i) Promissory note
ii) Bill of Exchange
iii) Cheque
iv) Delivery Orders, etc.

Lawyer in Chandigarh for Prevention Of Corruption Act cases

With the rise in corruption in various sectors of our country, the development of the country is at peril. The inefficient government sector is infamous because of this social evil “corruption” and something to stop and eliminate this was urgently required. The Prevention of Corruption Act was enacted in the year 1988 to eliminate and control this rising problem of corruption.

Lawyer in Chandigarh for Quashing of Criminal Complaint

Section 482 of the Code of Criminal Procedure gives vast powers to a High Court in the sense that nothing in the code is deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this code, or to prevent the abuse of the process of any court or otherwise to secure the ends of justice. If a court deems fit and is of the view that any complaint filed is vexatious and misleading or false, the court in its own motion dismiss or quash such a criminal complaint. Section 482 of the code also empowers the courts in the discretionary matters like quashing of a criminal petition and quashing of a FIR.

Lawyer in Chandigarh for Sexual Assault cases

Sexual assault is any assault done by a person on another, which is sexual in nature. It is a heinous offence and a social evil which has to be eliminated by the best laws available and there are laws to protect people from such offences. The relevant sections which relate to sexual assault are sections for rape, that is section 375, section 376A- section 376(E) of IPC. Section 354 of the IPC which deals with assault or criminal force to woman with intent to outrage her modesty. Section 354 has a really vast scope and is a big accomplishment for women and has provided them with some sense of security and trust that the offenders will be punished. Outraging the modesty of a woman may land the offender in jail for a period wich may extend upto 5 years along with fine.
To secure women in our country from offences like sexual assault, othe legislations have also been passed which include the section 509 of the IPC which punishes the people who insult the modesty of a woman by a words and gestures, which means doing vulgar actions or saying such words will land the offender in jail.

Lawyer in Chandigarh for Theft case

Theft is one of the most commonly committed crimes in our country and any person who is found guilty of this offence is punished under the section 378 of IPC which defines theft and section 379 which provides for the punishment for theft which is imprisonment which may go upto a term of 3 years and also fine. Sections 381 and 382 also define different types of theft a person can commit.

Lawyer in Chandigarh for Burglary case

The terms burglary, theft, robbery and dacoity are closely related but have minor differences between them. Theft is defined under the sections from 378-382 of IPC. Section 395 of IPC defines “Dacoity”. It is another form of Robbery. Difference between Robbery and Dacoity lies in the number of participants in committing the offence. In Dacoity there should be 5 or more person. Every member the gang is punished in dacoity regardless they committed a crime or not. Even if only one member in the gang committed a crime punishments is for all the members. It is more serious offence than robbery. Punishment for dacoity is Imprisonment for life or with hard imprisonment for a term which can be extend to about 10 years, and also fine.
Section 390 of IPC defines “Robbery”. When theft is robbery.—Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

Lawyer in Chandigarh for Central Bureau of Investigation CBI cases

The CBI owes its origin to the Delhi Special Police Establishment, established in 1941, to enquire into cases of corruption in the procurement during the Second World War. Later, based on the recommendations of the Santhanam Committee on Prevention of Corruption, CBI was established by a resolution of the Ministry of Home Affairs. Later, it was transferred to the Ministry of Personnel and now it enjoys the status of an attached office. The CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act, 1946.The CBI is the main investigating agency of the Central Government. It plays an important role in the prevention of corruption and maintaining integrity in administration. It works under the overall superintendence of Central Vigilance Commission in matters related to the Prevention of Corruption Act, 1988. The CBI has the following divisions:
1. Anti-Corruption Division
2. Economic Offences Division
3. Special Crimes Division
4. Policy and International Police Cooperation Division
5. Administration Division
6. Directorate of Prosecution
7. Central Forensic Science Laboratory

The Functions of CBI include:
1. Investigating cases of corruption, bribery and misconduct of Central government employees
2. Investigating cases relating to infringement of fiscal and economic laws, that is, breach of laws concerning export and import control, customs and central excise, income tax, foreign exchange regulations and so on. However, such cases are taken up either in consultation with or at the request of the department concerned.
3. Investigating serious crimes, having national and international ramifications, committed by organized gangs of professional criminals.
4. Coordinating the activities of the anti-corruption agencies and the various state police forces.
5. Taking up, on the request of a state government, any case of public importance for investigation.
6. Maintaining crime statistics and disseminating criminal information.

Therefore, CBI plays a role of an important organization in our country without which many of the offences would be persistent and also the country’s administration would become inefficient.

Chandigarh Advocates having criminal law practice in Chandigarh High Court (Punjab and Haryana High Court) are among the country’s most prestigious, seasoned and professional lawyers who have been doing excellent job in resolving clients challenging criminal cases and complex related issues faced by them, with delicacy and passion. Advocate’s long experience in upper courts has given them an extra effect of credibility through long term of practice in addition to that wide range of works among different fields of criminal law has made their reliability assured. They have spent years in studying and practicing criminal law to understand all ins and outs of criminal justice system in India. As a result of such preparation and understanding a Chandigarh Advocate becomes well equipped to proceed with a case in favor of a client. The key to the success they have achieved is not only an excellent communication skill with parties of the case and Hon’ble Court but also their constant availability to their clients whenever it is needed for betterment of the case. Punjab and Haryana high court lawyers, specialized in criminal field are qualified to carry on with proceeding on any criminal cases with regards to persons or property under wide titles such as:

  • Anticipatory Bail
  • Central bureau of investigation CBI
  • Cheating
  • Company related criminal cases
  • Confirmation cases
  • Conspiracy and fraud
  • Criminal appeal
  • Criminal appeals
  • Criminal application
  • Criminal breach of trust
  • Criminal contempt petition
  • Criminal miscellaneous application
  • Criminal references
  • Criminal revision application
  • Criminal revisions
  • Criminal writ petition
  • Criminal writs
  • Defamation
  • Dishonour of cheques
  • Domestic violence
  • Drafting and filing criminal complaints and FIRs
  • Embezzlement
  • Fraud and forgery such as cheating with bank or financial institutors)
  • Homicide
  • Insurance fraud
  • Intellectual property rights
  • Juvenile justice act
  • Misappropriation of funds
  • Narcotics and drugs violations under NDPS Act
  • Negotiable instruments
  • Possession of drugs
  • Prevention of corruption act
  • Protection of life and liberty of non-resident Indians
  • Quashing of criminal complaint
  • Quashing FIR
  • Quashing of proceedings
  • Regular bails
  • Sexual assault
  • Special investigation team
  • Suspension of sentence
  • Theft and burglary
  • and many more

Public prosecutor

Since crimes are always committed against the state not a victim public prosecutor can be assigned for a victim however, prosecutor’s primarily aim is to minimize the chance of re-offending by the predator. In minor cases such as traffic violations, prosecutor decides on the fine or penalty to be given to the offender expect for punishment in form of imprisonment which shall be imposed only by court of law. Prosecution can stop from proceeding with a case once it is obvious that suspect cannot be held accountable for however, different reasons such as lack of evidence or insanity or where the evidence has been obtained in unlawful manners. He also can withdraw a case on the ground of public interest. It is important to mention that, the power of prosecutor to decide whether to file criminal charges or what charges to file determine what is going to happen in the court. This process is referred as “prosecutorial discretion”.

Criminal defense lawyer: “legal representation is accused fundamental right” – A criminal defense attorney will make sure to mitigate or eradicate charges and penalties faced by accused, or if possible even preventing the case from being filled and help the clients with following:

  • Inform client regarding the law and provisions applicable to the case
  • Evaluate about the affects of prosecution’s functioning with regards to the case
  • Understanding and evaluation of both charges and evidence
  • Express their vision with regard to functioning of the whole process
  • Suggest the best sentencing or negotiate on alternative sentencing options
  • Gathering evidence and preparing a witness statements with regards to the case
  • Represent a client in the court on demanded dates
  • Advise on defense planning and schemes
  • Preventing charges from being filled
  • Hiring private investigators in case of need
  • Try negotiation for plea bargaining

By obtaining a plea bargaining deal, defendant’s attorney is able to gets defendant’s sentence or charges reduced or even eliminate all the charges fully. However in cases where a defendant is representing himself the chances of entering into pre bargaining deal reduce greatly as most prosecutors are unwilling to negotiate with them. Criminal lawyers in Punjab and Haryana high court are members of the local bar council or lawyer associations, specialized in criminal law who can increase client’s chances of winning or securing a more favourable plea bargaining. Moreover, such attorney is expert in what he does and has seen it all. In that context it is safe to say that such lawyer is able helping a defendant managing emotions that often occur to defendants under criminal trial. Also is able to give a defendant a clear vision about how the whole process will function and what to expect from prosecution or from the court. In the case of conviction order, the attorney can provide him information about what he should expect after conviction. Hence, criminal defense attorneys are not a formality of a court but a useful and effective help which literally can save a client from conviction and penalties or at least reduce and minimize it to maximum level possible by devising strategies and valid schemes, also through gathering important evidence and key witnesses to the case and also by representing a defendant in a court of law. Criminal lawyers in Chandigarh high court of long practicing experience and also are familiar with tricky scenarios which can save time and energy of defendant.