• Expert Criminal Lawyer
    in Chandigarh

    Advocate Chandigarh

CRIMINAL LAWYER IN
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

Section 438 of the Code of Criminal Procedure, 1973 provides for anticipatory bail. As per this section if an individual is apprehensive about getting arrested on being accused for a non-bailable offence, he/she can take recourse to anticipatory bail and apply for the same at the High Court or a Court of Session. The aforesaid courts may study the merits of the application and accordingly direct that the individual be released on bail. The court takes into account factors like the nature and gravity of the offence committed by the applicant, antecedent facts about any previous imprisonment, the possibility that the applicant may flee and also the nature of the accusation made- whether it seeks to humiliate or injure the applicant. If the court is satisfied with regard to all these factors that the applicant ought to be granted bail, directions to this effect are passed and anticipatory bail is issued.

However, certain conditions must be fulfilled for grant of anticipatory bail:

  1. In case the competent court denies the application for grant of anticipatory bail or rejects the plea, the officer in charge of the relevant police station can arrest the applicant without a warrant.
  2. A seven-day notice must be given to the public prosecutor and the Superintendent of Police with the objective of giving the reasonable opportunity to be heard.
  3. The applicant must be present at the time of final hearing of the application and passing of the order by the court.

The court may prescribe certain conditions to be met by the applicant even when the order for the anticipatory bail has been passed. These conditions may include and are not limited to:

  • The applicant must make himself/herself available for police interrogation whenever required
  • The applicant shall not make any direct or indirect inducement or threat to any person familiar with the facts about the matter
  • The applicant must not leave India without prior permission of the Court
  • Any other conditions as the Court deems fit

Therefore, anticipatory bail is granted to the applicant so that he/she can get bail when being accused of a crime which might not have been committed by him/her. The onus is on the applicant to prove that he/she has a prima facie case and hence, should be released on bail in case the situation amounts to him/her being arrested.

Regular Bail Lawyer in Chandigarh

Sections 436, 437 and 437A have provisions related to grant of regular bail. Regular bail can be sought by any individual arrested for an offence. Grant of bail means that the arrested individual will be released on providing certain security to the court. The conditions to be fulfilled while seeking a regular bail include:

  1. The offence committed must be a bailable offence.
  2. A security(monetary) must be furnished to the court, it could be in the form of bonds or something else which ensures that the applicant won’t run away or go absconding.
  3. The court may prescribe additional conditions as it deems fit
  4. Above all, it is completely the discretion of the court to grant or reject a plea for regular bail, as per the merits of the case.

Lawyer in Chandigarh Cheating (section 420) Cases

Cheating is a very rampant and serious offence is our country. Section 415 to Section 420 of the Indian Penal Code, 1886 deal with cheating as an offence. Section 415 defines cheating as “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.” The various kinds of cheating are mentioned in Section 415, cheating by impersonation, for instance, refers to a person pretending to be someone else. It could be to fake one’s identity for some fraudulent gains.

Section 417 deals with punishment for the crime of cheating, which could be imprisonment of the impersonator for a period extending to one year and fine.

Cheating has multiple aspects and various sections of the statute cover these. Section 418 covers the offence of cheating where the offender knows that a wrongful loss will be caused to a person who has an interest in the transaction being conducted. Section 419 deals with cheating by impersonation. It states that a person cheating by pretending to be someone else may be punished with an imprisonment extending up to 3 years and fine.

Section 420, the last section pertaining to cheating covers cheating and dishonesty inducing delivery of property. An individual accused of cheating or inducing any person to deliver any of the property owned by him, or anything valuable (or anything which could be converted into a valuable security) through dishonest means, will be charged under Section 420. It is a non-bailable, cognizable offence, and may lead to imprisonment for a term extending up to 7 years and fine.

Lawyer in Chandigarh for Criminal Appeal

The Code of Criminal Procedure, 1973 also provides for a review mechanism through the provision of criminal appeals. An appeal is made when one of the parties to the case is not satisfied by the decision or judgment of the court and fear that injustice has been meted out to them, they request the superior court to correct or reverse it. It must be noted that right to appeal is not inherently a right unless the law expressly provides for it. An aggrieved person can appeal to the higher court only if such an appeal is given in the law. There are certain cases where no appeal lies, these include:

  • No appeal lies unless the law provides for it (Section 372)
  • No appeal lies in petty cases (Section 376)
  • No appeal lies where the accused is convicted on his plea of being guilty (Section 375)

Other sections and provisions pertaining to criminal appeals include:
i) Section 377 – Appeal by the state government against a sentence
ii) Section 378 – Appeal in case of an acquittal
iii) Section 379- Appeal against conviction by a High Court in certain cases.
iv) Section 380- Special right of appeal in certain cases.
v) Section 381- Procedure of how an appeal to court of sessions is heard.
vi) Section 382- All aspects regarding a petition of an appeal.
vii) Section 383- Procedure for appeal when the appellant is in jail.
viii) Section 384- Provisions about the summary dismissal of appeal.
ix) Section 385- Procedure where the appeals are not dismissed summarily.
x) Section 386- Powers of the appellate court.

Evidently, the provision of appeal wields a lot of power to ensure that justice prevails and if an individual feels he/she has been wronged by any of the lower court, there is a course to correct that by seeking help of the higher court to review the case and the verdict of the lower court. It is another chance at justice for the appellant. This important tool has helped a number of innocents over the decades who had been unfairly incarcerated due to the inefficiency of lower courts or any other reason. The mechanism of appeal has vindicated individuals and upheld the principle of justice in our society by rectification of wrong decisions.

Lawyer in Chandigarh for Criminal Breach of Trust

Section 405 of the IPC deals with criminal breach of trust. As per this section, for an action to be considered criminal breach of trust, it needs to be established that the accused entrusted with some property or dominion or power over the property owned by another individual, misappropriated it or converted it to his own use by dishonest means. Therefore, criminal breach of trust refers to use of another’s property for your own personal gains while being entrusted to take care of that property. The essential features of Section 405:

i)The accused must have been 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 conditions are met then a criminal intimidation is constituted.

Lawyer in Chandigarh for Criminal Contempt

Criminal contempt of court refers to any behaviour of an individual which interferes with the proceedings of the court or violates the code of conduct in the court. The court can hold that person in criminal contempt and it is up to the discretion of the judges in this regard. The parties to a proceeding, advocates, witnesses etc. are some of the people who can be held in contempt. There are various charges which could be covered in a criminal contempt of court. The two types of contempt include:

  • Direct contempt- when the erroneous behaviour occurs in the court room
  • Indirect contempt- when it takes place outside of a court room

Lawyer in Chandigarh for Criminal reference

Criminal references provide greater insights about the background of the accused when a criminal complaint is filed against him or a case is underway in a court of law. It involves the police checking its records for additional information like other cases pending against the accused or instances of prior imprisonment. In simple words, the police provide the court criminal references about the accused’s criminal history. It also includes a background check. The primary objective of criminal references is to conduct an intensive research to check if there are additional facts about the accused which are relevant to the particular case.

Lawyer in Chandigarh for Criminal Revision

Sections 397-405 of the Code of Criminal Procedure, 1973 contain the provisions of criminal revision. Revision refers to the process of a higher court examining the order of a lower court to look for an improper exercise of judicial power and correct the anomalies, if any. The foremost aim of a revision is to check whether the proceedings before the inferior court are correct, legal and proper. Revision serves the purpose of maintaining a towering sight over the working of the inferior courts, and seeing to it that it functions within the ambit of its authority and as per the principles of law. Revisional jurisdiction is equivalent to power of supervision and superintendence. However, the provision of revision is a privilege and not a right, it is discretionary in nature and no party can claim for a case verdict to be revised as a matter of right. The court may proceed as it deems fit, it may altogether dispose of the revision petition without even hearing the parties.

Lawyer in Chandigarh Criminal Writ

The Indian Constitution safeguards every citizen’s fundamental right to approach the courts through articles 32 and 226 enshrined in it. Article 32 empowers the Supreme Court to enforce the Fundamental Rights of the people, article 226 conferring parallel power upon the High Courts to do the same. However, the scope of article 226 is wider since it can be invoked to enforce other rights too whereas article 32 cannot be invoked to enforce rights other than the Fundamental Rights. In this realm, the High Courts enjoy greater power than the Supreme Court. Therefore, a criminal writ can be filed in the respective High Court to get an FIR quashed.

Lawyer in Chandigarh for Defamation

Section 499 of the IPC defines defamation. This section seeks to defend an individual’s reputation, honour, dignity and integrity in the society. There is a law to protect the honour of an individual since we all co-exist as part of a society and fake and frivolous statements can gravely damage a person’s reputation and respect within a society and make his life deplorable. The two types of defamation include:

  • Slander- refers to defaming an individual with the help of verbal means, it could be false statements made by someone which damage the other person’s reputation.
  • Libel- refers to defaming an individual by use of written words or non verbal means, it could be a newspaper publication, posters, articles, to name a few.

Section 500 of the IPC prescribes a punishment for a person convicted with defamation, he/she may be imprisoned to a simple imprisonment up to 2 years and fined. Section 501 specifically mentions that the punishment would be the same as in section 500 for a person found guilty of defaming another by printing or engraving a matter known to be defamatory.

Lawyer in Chandigarh for Dishonor of Cheque case

Dishonour of cheque is a serious offence since it is considered a promise on the behalf of the payee to pay a particular amount whenever the cheque is deposited. In case the cheque gets disapproved due to reasons which include insufficient funds etc. it amounts to dishonour of that promise and hence invites punishment of imprisonment up to 2 years and fine. It is also given under Section 138 of the Negotiable Instruments Act of 1881.

Lawyer in Chandigarh Domestic Violence case

Domestic violence is a highly condemnable menace with over 60% of married women being domestic violence victims.

A number of laws have been enacted to tame this evil, the most important of them being Section 498A of the Indian Penal Code. It not only holds the husband as one of the possible perpetrators but also other relatives of the husband who could be held accountable. It is broad in its outlook that it includes mental torment as well in addition to physical torture and cruelty. It has widened the scope for protecting married women subject to domestic violence at the hands of their in-laws and leaves it to the court to interpret the provisions of this section as per its discretion. The punishment could range from imprisonment up to a period of 3 years for the convicted, along with fine. Another statute dealing with domestic violence is the Dowry Prohibition Act (Section 4).

Lawyer in Chandigarh for Forgery case

Sections 463 to 477 of the Indian Penal Code have provisions about the offence of forgery. Forgery is said to have been committed in case a person makes any false documents or false electronic records or parts thereof, with the intent to cause damage or injury, to any person (company) or public or to support any claim or title, or to enter into any express or implied contract, or with the intent to commit fraud.
Section 463- Definition of forgery
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, affecting not just the victim’s family but the mankind at large. The high instances of murder worldwide paint a gory picture about the moral fabric of the society we are part of. Section 300 of the IPC defines a murder and Section 302 prescribes the punishment for the offence. It comes within the section dealing with offences related to bodily injury. An individual convicted of murder is subject to death penalty (in rarest of rare cases) or life imprisonment and also fine.

Lawyer in Chandigarh Extortion case

Section 383 of Indian Penal Code covers the offence of extortion. Extortion refers to getting hold of any property or valuable security or anything signed which could be converted into valuable security by intentionally threatening the person concerned or someone else related to that person with injury and harm. Thus, obtaining such property or valuable security dishonestly by coercion is referred to as extortion. Section 384 has prescribed punishment for extortion to be imprisonment up to 3 years and fine. Other sections related to extortion:

  1. Section 385- putting person in fear of injury to commit extortion
  2. Section 386- committing extortion by putting a person in fear of death or grievous hurt
  3. Section 388- extortion by threat of accusation of an offence punishable with death or imprisonment for life

Lawyer in Chandigarh for Rape case

Rape could be called the most horrendous and unforgiveable crime against humanity. It not only jolts the victim and her family but also shakes the conscience of entire society. Despite strict laws in place, India has a high incidence of this offence and we are yet to nip this evil in the bud.

Section 375 of the Indian Penal Code defines rape and Section 376 mentions the punishment for the offence of rape. Section 376(A)- Section 376(E) mention the various actions deemed as rape. A rape convict gets severely punished, it could mean imprisonment not less than 7 years, may extend to life and also fine.

With more rape cases coming to light with each passing year, shockingly the ones is which the victim is a child, the laws are being amended to prescribe stricter punishments. Special guidelines regarding investigation and adjudication of rape cases have been laid by a committee constituted after the infamous Nirbhaya Delhi rape case.

Grievous Hurt:

Section 320 of the Indian Penal Code defines the offence of grievous hurt. In simple words, grievous hurt includes serious injury to a person which disables him/her temporarily or permanently. The following kinds of hurt only are considered “grievous”-

First- 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 joint
Fifthly-Destruction or permanent impairing of the powers of any member or joint
Sixthly- Permanent 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

Being convicted for grievous hurt could invite imprisonment up to 7 years which may extend to 10 years.

Lawyer in Chandigarh for Suicide case

Section 309 of the Indian Penal Code covers attempt to suicide. It states that a person attempting to take his own life or committing any act which might lead to suicide shall be punished with simple imprisonment for a term of one year or fine or both. Indian law considers taking one’s own life as an offence too.

Lawyer in Chandigarh for Juvenile Justice Act

The juvenile justice act was enacted to provide security to and safeguard the rights of the juveniles. The basic principles enshrined in the act include-
i) The principle of dignity and worth for juveniles.
ii) The principle of Participation, where every child shall have the right to be heard and participate in the process and decisions affecting his/her interests and his/her views to be taken into consideration while a decision is made.
iii) The principle of best interest, according to which all the decisions must be taken with the primary objective of securing the child’s best interests.
iv) The principle of family responsibility, where the primary responsibility of care, nurture and protection of child shall be that of the 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 is a step forward to ensure the rights of the juveniles are upheld and honoured and they have a safe and secure future.

Lawyer in Chandigarh for POCSO case

Protection of Children from Sexual Offences Act, 2012 was passed to ensure a safe and nurturing environment for children and punish the offenders found guilty of exploiting minors. A separate legislation was brought forth since it was felt that ordinary laws aren’t enough to safeguard the rights of children. The act has been amended from time to time to strengthen its provisions, enhance the punishments and ensure more efficacy of implementation. Salient features of the act:
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)Different forms of sexual abuse have been clearly defined and covered, including penetrative and non-penetrative assault, sexual harassment and pornography. As per the act, a sexual assault is considered 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 found guilty of trafficking 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.

Lawyer in Chandigarh for Misappropriation of Funds case

Section 403 of the Indian Penal Code covers dishonest misappropriation of funds or property. As per this section, an individual found guilty of dishonestly misappropriating or converting to his own use any movable property is liable to be punished. The punishment could be imprisonment of either description for a term which may extend to two years, or with fine or both. Misappropriation of funds or movable property is a non-bailable and non-cognizable offence.

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

India has an alarming number of drug users and the menace necessitated a separate legislation to deal more effectively with it. In this light, Narcotics Drugs and Psychotropic Substances Act was passed on November 14, 1985 to curb the possession and use of narcotic drugs. The act has been thrice amended (1988, 2001 and 2004). The act has often faced criticism for being a hastily enacted statute which failed to take care of little details and has a few loopholes, for instance, there is no provision governing the use of naturally found plants like cannabis. In absence of any clearly defined rules with respect to the use of cannabis and its variants, we have people getting away with the consumption of bhang on certain religious and festive occasions. Furthermore, there have been calls to amend the act and take into account the medicinal benefits of certain substances and keeping pace with other countries who have introduced liberal norms. (Canada and certain states of America have legalised the use of cannabis)

Lawyer in Chandigarh for Possession of Drugs case

NDPS Act considers possession and consumption of banned substances as a serious offence and prescribes punishments as per the gravity of offence. The punishment depends on the quantity and the type of substance held and ranges from a rigorous imprisonment up to a term of 10-20 years and additionally, a fine which may go up to 2 lakh rupees.

Various offences included under this act-
i)Possession of opium (section 18).
ii) Possession of cannabis (section 19).
iii) Possession of psychotropic substances (section 22)

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

A negotiable instrument is a document which guarantees the payment of a specific amount of money, either on demand or at a decided time, by the payer who is usually named on such document. The Negotiable Instruments Act of 1881 mentions the laws which regulate negotiable instruments. This act mentions the various negotiable instruments and also prescribes punishments for any violations and offences. Some examples of negotiable instruments are:

  • Promissory note
  • Bill of exchange
  • Cheque
  • Delivery orders

Lawyer in Chandigarh for Prevention of Corruption Act cases

Corruption can stymie the development of any country and more so in case of a country in the nascent stages of progress. The public sector in India is infamous for being corrupt and citizens were disillusioned with the government. An urgent need was felt to check this evil and bring the guilty to book and uphold the faith of the civil society in the public institutions as well as make the government officials accountable. Thus we have Prevention of Corruption Act,1988 which has managed to curb this problem before it got out of control.

Lawyer in Chandigarh for Quashing of Criminal Complaint

Section 482 could be called the section which makes dispensing justice possible and arms the High Court with overarching powers to keep a check on implementation of its orders and procedures to secure the ends of justice, at the same time empowering it to pass requisite orders to prevent the abuse of any process of any court. If in the court’s opinion, a criminal complaint is found to be jarring, misleading or false, the court can quash or dismiss such a baseless criminal complaint. Section 482 also empowers the court to quash a criminal petition or an FIR as per its discretion.

Lawyer in Chandigarh for Sexual Assault cases

Sexual assault includes forcing oneself physically, in a sexual manner or making an unwanted sexual contact with another person. It is not just coercing a non-consenting sexual act but also is an attack on the victim’s physical and mental autonomy. With time, the definition of sexual assault has been widened to include more criminals acts within its fold and make the provisions more stringent to control this evil. The sections pertaining to sexual assault are the same as ones pertaining to the offence of rape, Sections 375, 376(A)- 376(E) of IPC. In addition to these, Section 354 of the IPC which deals with assault or the use of criminal force on a woman with the intent to outrage her modesty also forms an important section to keep a check on sexual assault. This section in particular has been effective to safeguard the rights and autonomy of women, it has provided them with a voice to seek justice and punishment for the perpetrators of this heinous act. Outraging the modesty of woman could land the culprit in jail for a period which may extend up to 5 years along with fine.

Our legislators have constantly strengthened the laws to make the country a safer place for women. One such example is Section 509 of the IPC which makes insulting a woman’s modesty by means of words or indecent gestures a punishable offence. The words and gestures include ay vulgar actions or utterance of vulgar words which could take the offender to jail.

Lawyer in Chandigarh for Theft cases

Theft is a common crime and we have hundreds of theft cases being reported every day. Section 378 of the IPC defines theft and section 379 mentions the punishment for those found guilty of theft, which is imprisonment up to a term of 3 years and fine. Different kinds of thefts that could be committed are mentioned in Sections 381 and 382.

Lawyer in Chandigarh for Burglary cases

To a layman, the terms theft, robbery, dacoity and burglary might sound synonymous. However, in legal parlance, they have minor yet important differences. Sections 378-382 of IPC define theft. Dacoity is another form of robbery and is defined in Section 395 of IPC. The two differ in terms of the number of participants involved in the crime, dacoity involves 5 or more persons. Every member of the gang is liable to be punished regardless of his/her crime. Even if only one gang member committed the offence, the entire gang will be held responsible and punished. Hence, dacoity is a more serious offence than robbery. Dacoity could attract a punishment of imprisonment for life or with hard imprisonment for a period extending up to 10 years, and also fine. Section 390 of the IPC states that a 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

Delhi Special Police Establishment could be termed as CBI’s precursor. DPSE was established in 1941 to look into and investigate corruption and bribery cases related to procurement of war supplies during the period of Second World War. However, even after the war was over, need was felt for a central investigating agency to look into corruption cases involving Central Government employees. Later, based on the recommendations of the Santhanam Committee on Prevention of Corruption, CBI came into being by a resolution passed by Ministry of Home Affairs. The administrative control of CBI was later transferred to the Ministry of Personnel and it currently enjoys the status of an attached office. Though CBI derives its powers from the Delhi Special Police Establishment Act, 1946 yet it is not a statutory body per se. CBI is the primary investigating agency of the Central Government. Its mandate is to keep a check on corruption and maintain integrity in administration. Central Vigilance Commission has overall superintendence on the functioning of CBI within the purview of 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 CBI helps in ensuring transparent administration since it:
1. Investigates cases of corruption, bribery and misconduct of Central government employees
2. Investigates cases related 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. Investigates serious crimes, with national and international ramifications, committed by organized gangs of professional criminals.
4. Coordinates the activities of the anti-corruption agencies and the various state police forces.
5. Takes up, on the request of a state government, any case of public importance for investigation.
6. Maintains crime statistics and disseminates criminal information.

CBI plays a vital role in maintaining transparency and accountability in the central government offices. Since its inceptions, it has successfully solved some of the most complicated criminal cases handed over to it by the state governments. CBI is a pivotal body for maintenance of law and order.

Chandigarh Advocates is a law firm taking up cases pertaining to criminal law in the Punjab and Haryana High Court at Chandigarh. We are a team of thorough professionals with decades of experience backing us and making us the preferred choice of individuals looking for a legal representative for criminal matters. We are passionate about our work and have managed to resolve some of the most complicated criminal cases over the years. The multitude of cases handled by us has enriched our knowledge of the domain by leaps and bounds and enabled us to get the complex of cases resolved with ease, in the least possible time. A successful lawyer is defined by his expertise and experience and we have a panel who excels at both these qualities.

Success at litigation demands hours put into research and analysis of the matter at hand and taking a comprehensive perspective of all the involved factors. Additionally, as advocates we serve as a link between those seeking justice (our clients) and those responsible for dispensing justice (the judiciary). We value a seamless channel of communication with both the sides and being available to answer the client’s queries at all times and put their doubts at rest. Our lawyers at the Punjab and Haryana Court are competent to tackle criminal cases, with respect to individuals or property, related to the following:

  • 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

Since criminal offences are deemed to be crimes against the state and not the victim alone, public prosecutor can be assigned to the victim. A prosecutor’s chief responsibility is to ensure the offender does not commit the crime again. In minor cases, like traffic violations, the prosecutor decides the fine or penalty to be borne by the offender, except punishment in form of imprisonment which is beyond the prosecutor’s domain and is the sole power of a court of law to impose. Prosecution can also avoid a case from being proceeded further once it is established beyond any doubt that the suspect cannot be held accountable for varying reasons such as lack of evidence, insanity or evidence procured through unlawful means. The prosecutor has the privilege to withdraw a case on grounds of public interest. It must be noted that a prosecutor plays a crucial role in determining whether criminal charges are to be filed, and if yes, what charges to be filed- which basically sets the course of what follows next in the court. This process is referred to as “prosecutorial discretion”.

Criminal defense lawyer

“Legal representation is an accused’s fundamental right” – A criminal defense lawyer is entrusted with the task of attenuating or eradicating the charges and penalties faced by the accused, or if possible, altogether preventing the case from being filed and assisting the clients with following:

  • Informing the client about the laws and provisions applicable to the case
  • Expressing their vision about the whole process
  • Understanding and evaluation of both charges and evidence
  • Gathering evidence and preparing witness statements pertaining to the case
  • Hiring private investigators if the need arises
  • Representing a client in the court on demanded dates
  • Evaluating the repercussions of prosecution’s functioning with respect to the case
  • Suggesting the best sentencing or negotiating on alternative sentencing options
  • Advising on defense planning and schemes
  • Preventing charges from being filed
  • Try negotiating for plea bargaining

If the defendant’s lawyer is able to obtain a plea bargaining deal, he/she can get the defendant’s sentence reduced or altogether get the charges fully eliminated. However, in instances when the defendant is his own representative, the chances of entering into a pre bargaining deal are diminished since prosecutors might be unwilling to entertain them and negotiate with them. Criminal law advocates practicing are Punjab and Haryana Court are members of the local bar council and other lawyer associations, they have in-depth knowledge and experience of having dealt with various provisions of criminal law, thus a better chance at defending their client’s best interests, which also includes securing a more favourable plea bargaining. A criminal lawyer experienced with the ways and means of criminal law can see through his client through the proceedings no matter how challenging and help the client sail through the crisis. A successful criminal lawyer can walk the client through the entire process, expressly mention what to expect from the court or prosecution, acquaint him with all the possible scenarios- both positive and negative and prepare the client to face the consequences of either side.

Criminal trials can have life altering repercussions for the clients and criminal defense lawyers are not mere formality of the court but an indispensable help in terms of criminal proceedings. It is completely up to lawyer to defend the best interests of the clients- get him absolved of the accusations or negotiate the minimum possible penalty in case of conviction. A lawyer worth his name would go beyond his usual duties and make sure he gets all the evidence, witnesses to prove his client’s point and devising a strategy to ensure victory.