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Consult Top Criminal Expert Lawyer in India

Sandeep Shakya

Advocate
Exp
Farrukhabad , Uttar Pradesh

Specialization

  • Criminal
  • Cheque Bounce
  • Civil
  • Consumer Protection
  • Divorce
Hard worker and honest with my clients View Full Profile

Sanjay Kustwar

Practicing Lawyer
Exp
Gwalior , Madhya Pradesh

Specialization

  • Criminal
  • Child Custody
I work as a advocate for children custody and human right related matters and criminal cases related to criminal cases. Case 138 Section and Leave Petition and Service Matters and marriage,Family Matters and other Consumer Consumers related to whom and needs all you ever need. Please contact thanks View Full Profile

Ganga Prasad Pant

Advocate
Exp
Kashipur , Uttarakhand

Specialization

  • Criminal

Asheesh Poddar

Advocate
Exp
Jabalpur , Madhya Pradesh

Specialization

  • Criminal
  • Animal Laws
  • Debt and Lending Agreement
  • Election Campaign and Political Laws
  • Environment and Natural Resources

soumava Karmakar

Advocate
Exp
New Delhi , Delhi

Specialization

  • Criminal
  • Cyber, Internet, Information Technology
  • Human Rights
  • Administrative Law
  • Child Custody
Lawyer at Supreme Court, Delhi High Court, Calcutta High Court, Patiala House court, Tis Hazari Courts, Karkardooma Courts, Saket Court. View Full Profile

Anurag Pundir

Advocate
Exp
North West Delhi , Delhi

Specialization

  • Criminal
Advocate working in Delhi, enrolled since 2016, working in Civil and Criminal Cases. View Full Profile

Jaikush Hoon

Managing Partner at Demeterali Legal
Exp
South Delhi , Delhi

Specialization

  • Criminal
  • Sports Law
Experience : 9 years Practice Courts : Supreme Court of India, DelhH All delhi & NCR trial courts, Bombay High Court, Allahabad High Court. Specialization : Criminal, civil, company,consumer,contract. View Full Profile

mudit dubey

Advocate/ Consultant
Exp
Central Delhi , Delhi

Specialization

  • Criminal
  • Advertising
  • Animal Laws
  • Mail Fraud

Ankur Sinha

Advocate
Exp
Ranchi , Jharkhand

Specialization

  • Criminal
  • Bankruptcy and Debt
  • Debt and Lending Agreement
  • Mergers and Acquisition
  • Corporate and Incorporation

Bajrang Bali Upadhyay

Advocate
Exp
Gorakhpur , Uttar Pradesh

Specialization

  • Criminal
  • Divorce
  • Domestic Violence
  • Cheque Bounce
  • Adoption
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  • What is criminal law?
  • What is law of criminal procedure in India?
  • What are the objectives of criminal law?
  • Is there any specific jurisdiction for criminal cases in India?

What is criminal law?


Procedural laws prescribe procedure for the enforcement of rights and liabilities. Effect of substantive laws to a large extent depends on the quality of procedural laws. The governing law for Criminal Procedural Laws is the ‘Code of Criminal Procedure, 1973’.

“A procedural law is always sought in aid of justice, not in contradiction or to defeat the very object which is sought to be achieved. A procedural law is always subservient to the substantive law. Nothing can be given by a procedural law what is not sought to be given by a substantive law and nothing can be taken away by the procedural law what is given by the substantive law.” – SC in Saiyad Mohd Bakar v. Abdulhabib Hasan (1998) 4 SCC 343 at p. 349.

Some features of the Code of Criminal Procedure, 1973:


  • This act is applicable to whole of India except the state of Jammu & Kashmir
  • As per Section 6 of Code of Criminal Procedure 1973, Besides the Supreme Court, High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely-
    • Courts of Session
    • Judicial Magistrate of the first class and, in any Metropolitan area, Metropolitan Magistrate
    • Judicial Magistrate of the second class
    • Executive Magistrates
  • Functionaries under the Code of Criminal Procedure 1973 are the Police, Prosecutors, Defence Counsels, and Prison Authorities and Correctional Services Personnel
  • Code of Criminal Procedure 1973 distinguishes recognises Cognizable & Non-Cognizable Offences-
    • Cognizable offences means offences for which, a police officer may, in accordance with the first schedule or under any other law for the time being in force, arrest without warrant.
    • Non-cognizable offences means offences for which, and ‘non-cognizable case’ means a case in which, a police officer has no authority to arrest without warrant.
  • As per the case of Lalita Kumari v. Govt. of UP, 2014, a police officer is bound to register an FIR relating to a cognizable offence.
  • Code of Criminal Procedure 1973 classifies all criminal cases into summons cases and warrant cases-
    • Warrants Case refers to a case relating to an offence punishable with death, imprisonment for life, or imprisonment for term exceeding two years
    • Summons Case refers to a case relating to an offence, and not being a warrant case
  • As per Section 304 of Code of Criminal Procedure 1973, there is a right to legal aid at the expense of the State.
  • The principle of Double Jeopardy is recognised in Section 300 of Code of Criminal Procedure 1973

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