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What is Criminal Law?

The concept of criminal law is a very wide which relates with crime. It deals with such behavior which is threatening and harmful not only for an individual but whole society is affected with such crime. In India Criminal Justice System has come into force to minimize the factor of crime, which includes different law and statutes. These statues define crime and their penalties and procedures to be followed at the time of investigating crime. Now as per the scope of criminal law, there are important areas of emphasis:

Bail:

When a person is accused of a crime, he is convicted in prison by public officials and their freedom is taken away, but right to freedom is fundamental right so the accused has right to apply for bail. Basically, bail is temporary release of an accused from the prison by the court in exchange of security. It is essential to consult an expert lawyer before applying for bail.

Criminal appeal:

When any person is not satisfied with the decision of lower court, then he has a right to challenge that decision in higher courts by filing a criminal appeal. Appeal can be filed against unethical conviction and sentencing or any other matter of criminal prosecution. After filing an appeal the court will review all the documents and hear arguments made before the court, then the court may reverse the decision of lower court if satisfied.

Arrest and charges:

Arrest is a process where police officials takes a person in custody who is a suspect of any crime, whereas charges are the accusations imposed on that aggrieved person for committing a crime and is essential is further legal proceedings of court. These are governed by Bhartiya Nagrik Suraksha Sanhita, 2023 which guidelines the procedure to be followed during arrest and charges. Moreover, it safeguards the right on arrested person.

Cyber fraud:

Cyber-crime is very wide concept and cyber fraud falls under the category cybercrime which means performing an illegal act by using digital technologies like computer or internet. It involves stealing money or personal information from person or any businesses. It is governed by the Information Technology Act, 2000 which punishes the cyber fraudster and ensured safety to victim.

White collar crime:

White collar crime is non - violent crime, but still is considered under criminal law. These type of crime are performed by an individual from well to do family to gain financial profit. The crime can be insider trading, fraud, embezzlement, money laundering and many more. It lead to economic loss of country.

Property crime:

It is a type of crime in which a person forcefully takes or damages the property of other person without consent. It includes theft, burglary, vandalism, robbery, and others.

Drug Crime:

It is related to trafficking, production, possession and consumption of drugs. This is governed by The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 which states provisions to prevent and control the operation of narcotic drugs.

BNSS 35 (3) Notice:

It states “notice of appearance before police officer” which means that the police officer firstly should issue a notice to the person who may have committed cognizable offence. This notice orders the person to appear before the court of law. This notice safeguards the rights of an individual and reduces the irrelevant arrest.

Rehabilitation of criminals:

It is a process to reintegrate a criminal back in society. The main aim is to make the criminals as law abiding citizen by providing them vocational training and educational programs which prevent the criminal from re - offending.

The role of law enforcement:

The role of law enforcement is to maintain law and order, protect the public and resolve the issues. These agencies include police, detectives and sheriffs. They investigate crime, gather evidence and arrest the suspects.

Apart from these laws, some other criminal law includes organized crime, terrorism, homicide law, corruption and bribery, child abuse and evidence law. Each factor requires a thorough analysis and an expert legal assistance to navigate the complexities of issues related to criminal law. Lead India Law ensures best course of action and provide a lawyer who will resolve the criminal related matter in efficient and effective way.

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Frequently Asked Questions (FAQs)

Q. Why criminal justice system is enforced in India?

Ans. Criminal justice system in enforced by government of India to maintain law and order and it aims to minimize the rate of crime and penalize the offenders.

Q. How section 35 of BNSS protects the right of accused?

Ans. The right of accused is protected as it instructs the police officials to issue a notice to appear before court rather than immediate arrest. So it make sure that arrest should be made with proper legal ground.

Q. What is the process of arrest?

Ans. In India, the arrest procedure consists of the police officer touching or restricting the person to be arrested, telling them of the grounds for arrest, and taking them to the police station.

Q. How white collar crime differs from traditional crime?

Ans. White collar crimes are non-violent crime, committed by business professionals whereas traditional crimes are violent, committed by people with limited means. White collar crime causes financial damage, on other hand traditional crime causes physical harm.

Q. What is NDPS Act?

Ans. NDPS stands for Narcotic Drugs and Psychotropic Substances. This act has been enforced to prevent the trafficking, production, possession and consumption of drugs.

Q. What legal action can be taken against cybercrime fraud?

Ans. If you are victim of cybercrime fraud then you may take legal action by reporting it to the police station. You can also file a complaint to the cybercrime cell or online through National Cyber Crime Reporting Portal. If the matter remains unresolved it can be escalated to the court.

Q. How rehabilitation help offenders?

Ans. Rehabilitation benefits criminals by concentrating on the causes of their criminal behavior. It provides people with the necessary assistance, such as education, job training, mental health care, substance abuse treatment, and counseling. The purpose is to lessen the likelihood of recidivism and assist them in effectively re- entering society.

Q. What is the process for investigating and prosecuting a criminal case?

Ans. The process of investigating and prosecuting a criminal case includes filing charges, presenting evidences, governing guilt or innocence through trial process. An expert criminal lawyer will assist you with the best course of action.

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