Indian criminal laws are mainly contained and described in Indian Penal Code (IPC). Various types of criminal offences, their punishment is described under the IPC. Broadly offences are categorised as cognisable and Non cognisable offence. Cognisable offence are the offences in which the police has power and authority to take direct action and conduct investigation in the matter and submit a charge sheet before the court. The court of magistrate thereafter can proceed with the trial of the case on the basis of the investigation done by the police. Non Cognisable offences are the offences in which no investigation by the police can be undertaken without the direction of the court of magistrate. A wise criminal lawyer can understand all these aspects minutely and plan the defence of the case.
IPC further categories offences as bailable and non bailable offences. The Bailable offences are the offences in which the police has the power to admit the person on bail after his arrest. In non bailable offences, the police has no power to release the person on bail, rather the court can order the release of the arrested person on bail. The offences as described are also triable by a Magistrate or the Session Court which are described in the IPC. A criminal lawyer is required to handle such matters at all levels.
The procedure of criminal trials is described under the Code of Criminal Procedure (CrPC) . This describes the process of holding the trial of a criminal case besides the procedure of investigation of the case by the police.
Under the Indian laws, besides IPC there are several special acts and legislations which classify the special offenses which can be under Excise Act, IPR Act, IT Act, FEMA, Electricity Act and various other types of Act.
The role of a criminal lawyer is very important in a criminal case in India. The criminal lawyer has to plan the steps starting from the bail or anticipatory bail, as the case may be. The criminal lawyer has to plan the defence of the case and the nature of evidence to be lead to defend the charges as alleged in the charge sheet.
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