Criminal Matters: Your Rights, The Legal Process, and Expert Advice

Criminal Matters: Your Rights, The Legal Process, and Expert Advice

Do you know that more than six million FIRs on criminal matters have been filed in India in the year 2021?
Criminal cases and criminal matters have taken a huge number in India and if you are someone stuck with any such criminal matter, then this article will help you know better and find your solution.
We, AM Partner, one of the best law firms in India, provide this article with a complete idea of criminal matters, types of criminal matters, your rights, the legal process, and expert advice.
Read more to know more.

What is Criminal Matter in India?

A criminal matter in India is a crime or offence committed by an individual or a group against the state or society as a whole.
In India, any criminal matter falls under three major acts namely the Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872.
Here is a brief idea of all these criminal acts below.

Indian Criminal Case and Matters Acts

As mentioned above, all criminal legal matters in India can be brought under the following three major acts.

Indian Penal Code, 1860

The Indian Penal Code (IPC) is the primary criminal code of India.
The IPC defines various offences that cover a wide range of criminal acts, including offences against persons (e.g., murder, assault), property (e.g., theft, robbery), and the state (e.g., sedition, treason)., prescribes penalties for those offences, and sets out the procedures for the investigation and trial of criminal matters.
It has been amended several times to reflect changes in society and to address emerging legal issues. IPC covers both civil and criminal matters.

Code of Criminal Procedure, 1973

The Code of Criminal Procedure (CrPC) is a comprehensive legal code that provides the procedural framework for the investigation and trial of criminal cases in India.
The primary objective of the CrPC is to ensure fair and just criminal proceedings while safeguarding the rights of the accused and the interests of justice.

Indian Evidence Act, 1872

The Indian Evidence Act, of 1872, is a comprehensive statute that governs the law of evidence in India. It was enacted during the British colonial period and has since undergone amendments to address evolving legal needs. The Act applies to all judicial proceedings in Indian courts, and it outlines the rules and procedures for the presentation and admissibility of evidence.

Types of criminal matters in India

There are numerous types of criminal matters in India which are detailed below.

Offences Against Persons

Offences against persons include crimes such as homicide i.e., murder or manslaughter under various circumstances, assault on individuals, etc.

Offences Against Property

Property offences include theft or unlawful taking of someone else’s property, robbery, burglary and dacoity.

White-Collar Crimes

White collar crimes are high in India which include fraud, embezzlement such as misappropriation of funds, and cyber crimes committed via the internet and computers.

Sexual Offenses

Sexual offences are considered one of the notorious criminal matters in India which include rape, sexual, dowry-related offences, etc.

Offences Against the State

There are two major criminal matters that fall under offences against the state namely

• Sedition: Incitement of violence or rebellion against the government.
• Treason: Betrayal of one's country, often involving espionage.

Offences Against Public Order

Rioting and Affray are the two criminal matters that fall under offences against public order.

Drug Offenses

Drug Trafficking: Illegally trading or transporting controlled substances.

Traffic Offenses

Traffic offences include the following criminal matters:

• DUI (Driving Under the Influence): Operating a vehicle under the influence of alcohol or drugs.
• Reckless Driving: Driving with a willful and wanton disregard for safety.

Kidnapping and Abduction

Here are two different criminal matters that still pertain in India.

• Kidnapping: Unlawful taking away or confinement of a person against their will.
• Abduction: Forcibly taking away a person, often for illegal purposes.

Domestic Violence

Offences within a domestic setting, including physical, emotional, or economic abuse fall under domestic violence.

Juvenile Offenses

Offenses by Minors such as crimes committed by individuals under the age of 18 are dealt with under juvenile justice laws. These are the various types of criminal matters that are handled by the Indian legal system.
Now, get to know your rights in terms of criminal matters and cases.

Your Rights in Criminal Matters

The rights of an accused person are divided into three stages namely rights in the pre-trial stage, rights during the trial and rights after the trial.

Pre-trial Rights of an individual

• Right to know about the accusation and charges under CrPc, 1973.
• Right against wrongful arrest under section 57, article 22(A) of CrPC.
• Right to privacy and protection against unlawful searches.
• Right against self-incrimination.
• Right against double jeopardy
• Right for bail
• Right to legal aid

Trail Rights of an individual

• Right to be present during the trial
• Right to get copies of documents
• Right to get considered innocent till proven guilty
• Right to cross-examination

Post-trial Rights of an individual

• Right to humane treatment in prison
• Right for a family visit
• Right to solitary confinement

All these are the rights of an individual in terms of criminal matters.
There are huge criminal matter examples, yet these rightly are usually constant except in special cases.
Still having trouble understanding and proceeding with your criminal case, then seek the support of AM Partners for a proper understanding of the legal process and for expert advice.

Conclusion

Criminal matters are constantly happening, yet all accused are not guilty. At times proper legal support will help the innocents survive and serve justice. Take proper legal help and ensure your right to justice is served.

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