Criminal Matters in the Supreme Court of India

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

Understanding of criminal cases is important before hiring the best criminal lawyer in SUPREME COURT. Criminal cases are classified into various types, not all are considered serious for the gravity of their offence. For instance, rape and murder are serious criminal cases, whereas bribery, and financial fraud are less serious.

CRIMINAL MATTERS –

Criminal acts are considered offences in rem, i.e., against society in general, the State acts as the prosecuting party in court.

The Court must provide anticipatory bail after taking into consideration the following factors:

ü The Gravity of the alleged offence.

ü Antecedents of the person applying for anticipatory bail i.e. whether he has been previously convicted of a cognizable offence.

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 Matter

1. Bailable and Non-Bailable Offenses

In bailable criminal cases, the accused has the right to get bail i.e. The accused pays a sum of money to the honourable court and requests for 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 can get 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 cases, due to the gravity of the offense committed, the police officials can directly arrest the accused person. Here, police register FIR without Magistratal permission, record the case in the general diary and start their investigation. Rape, murder, and decoity falls under this category.

On the other hand, the law does not permit police officials to arrest anyone in absence of a proper warrant. Cases,where police need a prior warrant to arrest any person falls under non-cognizable offenses. The police ask for the Magistrate's approval before registering an FIR and later start their investigation.

3. Compoundable and Non-Compoundable Offenses

There are certain cases where parties can go for compromise. Such cases fall under compoundable offenses. Cases that fall under section 320 of CrPC are referred 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 cases 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.

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ADVOCATE JAYPRAKASH SOMANI has published 61 books on different matters of Supreme Court’s latest leading case laws and fourteen books is related to criminal Matters. Name of the book is given below:-

List of Adv. Jayprakash Somani’s Books

1. Bail Matters – Supreme Court’s Latest Leading Case Laws

2. SEC 302 BAIL MATTERS - Supreme Court of India’s Leading Case Laws

3. POCSO ACT BAIL MATTERS - Supreme Court of India’s Leading Case Laws

4. JUVENILE JUSTICE ACT- Supreme Court of India’s Leading Case Laws

5. WHITE COLLAR CRIME- SUPREME COURT’S LEADING CASE LAWS

6. SEC. 125 CR. P. C.- Supreme Court’s Leading Case Laws

7. SEC. 498A OF I. P. C.- Supreme Court’s Leading Case Laws

8. NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT - Supreme Court of India’s Latest Leading Case Laws

9. SEC 302 IPC - Supreme Court of India’s Latest Leading Case Laws

10. PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT (POCSO) - Supreme Court of India’s Latest Leading Case Laws

11. PMLA ACT BAIL MATTERS - Supreme Court of India’s Leading Case Laws