CRIMINAL MATTERS IN THE SUPREME COURT OF INDIA
How to file Criminal Matters in the Supreme Court of India?
Through the best lawyer in the Supreme Court
Prior to selecting the top criminal attorney in the Supreme Court, it is crucial to have a thorough understanding of criminal matters. Although there are several categories for criminal cases, not all of them are regarded as significant given the seriousness of the offense. For example, rape and murder are considered major crimes, while financial fraud and bribes are considered less serious.
CRIMINAL MATTERS –
The State acts as the prosecuting party in court. Criminal acts are considered offences in rem, i.e., against society in general, Court may provide anticipatory bail after taking into consideration the following point:
ü The Gravity of the alleged offence.
ü For applying for anticipatory bail, antecedents of the person checked i.e. whether accused has been convicted of a cognizable offence previously.
ü If the accused person can flee from justice.
ü Where the accusations are backed by the intention of causing injury or humiliation to the accused.
Branches of Criminal Matter1. Bailable and Non-Bailable Offenses
In bailable offences, the accused has the right to get bail. The accused pays bond amount as a sum of money to the honorable court and requests release during the criminal trial. Bailable offenses are less serious in nature, hence, as per section 436 of the code of criminal procedure the accused has the right to ask for bail in specific cases. Cheating and bribery are some of the examples of bailable offenses.
On the contrary, non-bailable offenses are those offenses under which the accused, if found guilty, can get punishment for imprisonment of more than 3 years/ life imprisonment or the death penalty. In such cases, the release of the accused can affect the criminal proceeding due to witness threatening, proof tempering etc. Here, bail depends upon the discretion of the court.
2. Cognizable and Non-Cognizable Offenses
The term ‘cognizable’ means ‘capable of being known’. In cognizable matter, due to the gravity of the offense committed, the police officials can arrest the accused person without a warrant. Here, the police register FIR without Magistrate permission, further record the case in the general diary and then start their investigation. Usually Rape, murder, and decoity falls under this category and many more.
On the other hand, the law does not permit police officials to arrest anyone in the absence of a proper warrant. Matters where police need a prior warrant to arrest any person considered under non-cognizable offenses. The police ask for the Magistrate's approval before registering an FIR and thereafter start their investigation.
3. Compoundable and Non-Compoundable Offenses
There are certain matters where parties can go for compromise. Such cases fall under compoundable offenses. Matters that are considered under section 320 of CrPC are referred to as compoundable. Whereas the ones that are absent from this list are non-compoundable offenses.
In compoundable cases, the victim may agree to drop charges against the accused. Aggrieved parties can mutually settle their matter and reach a settlement. However, in non-compoundable cases, mutual settlement is not possible as law accepts such cases as a potential danger for society.
Our criminal lawyers in India are specialized in solving and advising legal issues related to criminal law in India. The law firm will provide you with a suitable lawyer for the case based on your requirements. Our Criminal legal counselors have an unrivaled mix of scholastic family, specialized abilities, and an on-the-ball mentality. These skills will allow them to deliver results to client.
At our law firm, we specialize in handling criminal matters in the Supreme Court. We provide comprehensive legal services, from filing petitions to expert representation, ensuring your matter is handled with the highest level of professionalism and efficiency. Our proven track record in criminal law makes us the trusted choice for those seeking justice at the highest level. Let us guide you through the process and provide the best legal support in your case.
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