Best Criminal Lawyers in Bangalore

Trusted team of best criminal lawyers in Bangalore dedicated to defending your rights and securing the best possible outcome for your case.

Introduction to criminal law.

What is a crime?

“Crime” has not been defined in the Indian Penal Code, 1860. However a crime is a violation of a criminal code. It is an act harmful not only to individual or individuals but also to community, society or the state as a whole. Such acts are strictly forbidden and punishable by law.

Criminal Laws are usually of two kinds:  Substantive and Procedural in its nature. 

Substantive law is that body of laws that outlines and defines rights and obligations of individuals or entities, as well as the substance of legal issues and the rules governing those rights and obligations. For example – Indian Penal Code, 1860, Prevention of Corruption Act, 1988, Prevention Of Money Laundering Act 2002, Narcotic Drugs and Psychotropic Substances Act, 1985 and Etc.

Whereas on the other-hand,

Procedural law sets forth the rules and processes that significantly governs how the entire legal proceedings should be conducted in step by step deliberated procedure. It outlines the methods and means by which substantive laws are administered, enforced, and applied. For example: Code of Criminal Procedure, 1973; Indian Evidence Act, 1872; The Karnataka Criminal Rules Of Practice, 1968, Karnataka Police Manual, 1965 and The Karnataka Police Act, 1963 and Etc.

GENERAL PRINCIPLES OF CRIMINAL LAW

Presumption of innocence:

Even though someone is accused of a crime, their innocence is upheld until and unless they are proven guilty by the prosecution, which is the cornerstone of our criminal justice system. The alleged crime must be proved beyond a reasonable doubt by the state prosecution to the satisfaction of the magistrate, judge, or jury, as the case may be by furnishing incriminating evidence against the accused and such evidence has to be duly appreciated by the Hon’ble ’Court. Advertising to the above,

It is a well settled principle of law that, when there is a plausible doubt, the accused must be declared not guilty of the crime. Any discussion of the charge should make it clear that the offense is merely alleged at this point and that the mere fact that someone has been charged does not imply guilt.

Burden of proof

The prosecution’s role is to establish the accused (the person facing an offense) guilt. The offense must be proven beyond a reasonable doubt in order for the defendant to be found guilty. It is not the accused’s responsibility to prove their innocence. This rule is applicable to all criminal trials, though at times the burden of proof for a particular defense argument rests with the accused.

Right to remain silent

Allows individuals, particularly those accused of a crime, to refrain from answering questions or making statements that could potentially incriminate them. This right is primarily associated with the protection against self-incrimination, a fundamental concept in criminal law. Further it is pertinent to note that, it’s a constitutional right muchless the right to silence emanates from Article 20(3) of the Indian Constitution, which states that no one can be compelled to be a witness against himself. The provision gives an accused the right against self-incrimination.

Double jeopardy

No person should be punished more than once for the same offense and that no person ought to be placed twice in jeopardy of being convicted. This means that a person who has been charged, tried and acquitted cannot be charged again for the same matter. Further it is pertinent to note that, it’s a constitutional right i.e. double jeopardy is a Fundamental Right guaranteed under Article 20 (2) of the Constitution of India, which states “No person shall be prosecuted and punished for the same offense more than once”.

Elements of crime

Accused person

A crime must be committed by someone in order for it to be considered such. The person who is guilty of committing an offense should always be able to be identified by the law.
The word “person” in the accusation does not imply that crimes can only be committed by humans. A corporation, an association, or a body of people are also considered “persons” under section 11 of the Indian Penal Code. As a result, crimes can be committed by trusts, NGOs, and publicly traded corporations.

Mens rea

The term mens rea has been derived from a famous Latin maxim: Actus non facit reum nisi mens sit rea. This basically means that an act cannot be guilty if it does not accompany a guilty mind. Although mens rea is an essential element of crime, some offenses can occur without it. For example, Section 304-A of IPC makes death by negligence a criminal offense. In such cases, a “negligent act” would not include the intention to cause death. However, negligence or mistake itself is sufficient to constitute a crime.

Actus reus

It is insufficient to only have a guilty conscience and consider committing a crime. The accused party must also carry out that intention and take action to make it happen. Actus reus essentially describes a deed or omission that culminates in the commission of an offense. It takes both actus reus and mens rea together to constitute an offense.

Injury

There can be no crime if no person faces some kind of an injury. According to Section 44 of IPC, “injury” means any harm caused to a person illegally either in mind, body, reputation or property.

Indian Penal Code

The Indian Penal Code (IPC) is the primary legislative framework that defines criminal responsibility for specific acts and establishes exceptions to criminal culpability for certain offenses in India. It includes a thorough set of laws that define civil law rights, obligations, offenses, and penalties in addition to addressing all substantive areas of criminal law.

Karnataka Control Of Organised Crimes Act, 2000 (KCOCA)

Karnataka Control of Organized Crimes Act, 2000 (KCOCA) is a law enacted by Karnataka state in India in 2000 to combat organized crime and terrorism. The Act was modeled on the Maharashtra Control of Organized Crime Act, 1999 (MCOCA).
The purpose of this legislation is to establish special provisions aimed at preventing and controlling criminal activities conducted by organized crime syndicates or gangs.

The Act is designed to address and manage such criminal activities effectively. The legislative intent is to provide a legal framework specifically tailored for dealing with organized crime and related matters, ensuring that necessary measures are in place to combat these activities and handle associated issues.

Narcotic Drugs and Psychotropic Substances Act, 1985

The NDPS Act forbids the producing, storing, transporting, consuming, or any other form of narcotic drug or psychotropic substance manufacture, manufacturing, or cultivation. The Act defines psychotropic substances as any natural or synthetic material, as well as any salt or preparation included by the Psychotropic Substances Convention of 1971, and narcotic drugs as coca leaf, cannabis (hemp), opium, and poppy straw. Any substance, manufactured or natural, as well as any salt or preparation included by the 1971 Psychotropic Substances Convention, can be classified as a psychotropic drug.

Why chose Aditya & Co., Advocates – Criminal Lawyers in Bangalore?

dedication to quality of work furnished. Our team of seasoned Criminal Lawyers in Bangalore have experience in a variety of criminal areas of practice, and we have a track record of happy clients and successful case resolutions. Every case is given individual attention, specialized appropriate legal methodological approach, and open transparent communication at every stage with our client-centric approach.

We provide strategic assistance that is appreciably credible to the constantly changing legal landscape while upholding the highest ethical standards. Aditya & Co., Advocates is more than simply a law practice law firm much less it’s a devoted establishment committed to achieving equitable and just results for each and every client, we are emphasized and focused on willingness to provide top-notch legal services in Bangalore.

Expertise in Bangalore criminal laws!

With a focus on criminal law in Bangalore, our experienced Criminal Lawyers in Bangalore has a thorough understanding of the complex legal system. We are qualified to handle a variety of criminal matters because of our experience with important regional State laws like the Karnataka Control of Organised Crimes Act, the Arms Act, Special Economic Offenses under the Indian Penal Code, the Narcotic Drugs and Psychotropic Substances Act, the Prevention of Corruption Act, MP/MLA Special Trial Cases, Lokayukta matters, CBI and NIA Cases, SC/ST Act Cases, POCSO Act Cases, and more.

We are skilled in managing petitions for Anticipatory Bail, defending clients in Fast Track Court Proceedings, assisting with Bank Account Defreezing, and resolving issues related to the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004.

Pillars of our success

Our pillars of success are not just principles, but the foundation upon which we build unparalleled legal excellence.

Seasoned experience

Our group of criminal lawyers in Bangalore has a plethora of seasoned expertise in various areas of law. We have mastered the art of navigating intricate legal environments through years of experience, guaranteeing that we offer a breadth of expertise and comprehension to each and every case. Our seasoned professionals are available to assist you with confidence and skill in any legal problem, be it any area of law.

Proven track record

We have handled a wide range of Criminal law cases successfully and have a consistent track record getting favorable results for our clients. From courtroom victories to negotiations, our track record shows our unwavering commitment to securing the best possible outcomes for those we represent.

Effective communication

Effective communication between an attorney and their client is essential to a successful working relationship. We recognize how crucial it is to keep our clients updated throughout the entire legal procedure.

Because of our dedication to efficient communication, you will constantly be aware of the status of your case, the legal tactics being used, and any possible roadblocks. To make sure you feel empowered and secure in the choices made on your behalf, we place a high value on candid communication.

Understanding the importance of a criminal lawyers in Bangalore.

Exploring pivotal role of criminal lawyers in legal defense in Criminal Law;

We, Aditya & Co. Advocates being duly specialized and armed with a specialized understanding of criminal law in Bangalore, criminal procedural nuances, and legal precedents, the experts skillfully negotiate the legal system’s complexities in order to devise potent criminal defense tactics.

To create strategic plans, Being Best criminal Lawyers in Bangalore, we carefully examine every facet of the case, taking into account the testimony of witnesses, the evidence, and any relevant laws. Our Criminal attorneys represent clients in court as well as negotiate with victims in case of any compounding offenses if necessary arises only, defend their clients’ rights, and offer emotional support during the entire legal process. The proficiency encompasses legal inquiry, research, and post-conviction representation, enhancing an all-encompassing defense.

Highlighting the complexities of criminal cases and importance of criminal expertise;

Criminal law cases are rarely simple affairs; instead, they can entail complex legal intricacies and significant stakes. Understanding the complexities of each case and the need for legal competence is essential. Our team of criminal lawyers at Aditya & Co. Advocates are knowledgeable about the nuances of criminal matters, ranging from little violations to serious felonies. Here are some important things to think about:

Legal landscape in Bangalore

1. Legal Landscape: Criminal law spans a wide range of offenses, each with its own statutes and potential defenses. Expertise is essential for navigating this complex terrain effectively.
2. Risk Mitigation: The consequences of a criminal conviction can be severe, making it crucial to have skilled legal representation to protect your rights and mitigate risks.
3. Strategic Advocacy: Effective representation requires more than just knowledge of the law; it demands strategic thinking and persuasive advocacy both in and out of the courtroom.
4. Tailored Approach: Every case is unique, and our team is dedicated to crafting personalized strategies that fit the specific circumstances and objectives of each client.
5. Successful Outcomes: With our expertise and dedication, we strive to achieve the best possible outcomes for our clients, whether through negotiation, mediation, or litigation.

Providing an overview of criminal laws specific to Bangalore

In Bangalore, as in any jurisdiction, understanding the intricacies of criminal law is essential for protecting your rights and navigating legal challenges effectively. From the Indian Penal Code to specialized statutes like the Karnataka Control of Organised Crimes Act, 2000 (KCOCA), here’s an overview of key laws and legal matters you should be aware of:

1. Indian Penal Code (IPC): The IPC forms the backbone of criminal law in India, encompassing a wide range of offenses, from theft and assault to fraud and homicide. Understanding its provisions and implications is crucial when facing criminal charges.
2. Karnataka Control of Organised Crimes Act, 2000 (KCOCA): KCOCA is aimed at combating organized crime and criminal syndicates operating within Karnataka. Cases falling under KCOCA typically involve serious offenses such as organized extortion, drug trafficking, and gang-related activities.
3. Arms Act: The Arms Act regulates the possession, acquisition, and carrying of firearms and ammunition. Violations of this act can lead to severe penalties, making it imperative to understand its provisions and comply with its requirements.
4. Special Economic Offences with Indian Penal Code: This pertains to economic offenses such as fraud, money laundering, and embezzlement, often involving significant financial implications and complex legal proceedings.
5. Narcotic Drugs and Psychotropic Substances Act, 1985: Cases under this act involve offenses related to illicit drugs and substances, with strict penalties for possession, trafficking, and distribution.
6. Prevention of Corruption Act Cases and Disproportionate Assets Case: These cases deal with corruption and bribery allegations against public officials, as well as cases involving disproportionate assets acquired through unlawful means.
7. MP/MLA Special Trial Cases & Lokayukta Matters: These cases involve elected representatives and public officials, addressing allegations of misconduct, corruption, and abuse of powers.
8. SC/ST Act Cases & POCSO Act Cases: These laws provide special protections for marginalized communities and address offenses such as caste-based discrimination and crimes against children.
9. Defreezing of Bank Accounts: In cases where bank accounts are frozen as part of a legal investigation or dispute, procedures exist for seeking the defreezing of accounts to regain access to funds.
10. The Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004: This act aims to safeguard the interests of depositors in financial establishments and provides for the regulation and supervision of such entities to prevent fraud and mismanagement.

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