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Criminal Litigation - Prashant Shukla Law Chambers Practice Area

Criminal Law, Practice Areas

What Is Criminal Law?

Criminal law deals with acts that are considered offences against society or the state, not just against an individual. When someone breaks a criminal law, the state prosecutes them. If found guilty, the punishment can include imprisonment, fines, or both. In India, criminal matters are primarily governed by the Bharatiya Nyaya Sanhita (BNS), 2023 (which replaced the Indian Penal Code), the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 (which replaced the Code of Criminal Procedure), and the BharatiyaSakshyaAdhiniyam (BSA), 2023 (which replaced the Indian Evidence Act).

Your Rights If You Are Accused of a Crime

The Indian Constitution and criminal law provide several protections to a person who is accused of an offence:

- Right to know the reason for arrest — The police must tell you why you are being arrested.
- Right to remain silent — You cannot be forced to make a statement against yourself (Article 20).
- Right to legal representation — You have the right to consult and be defended by a lawyer of your choice. If you cannot afford one, the state must provide a lawyer free of charge.
- Right to a fair trial — Every accused person has the right to be heard before a court.
- Protection against unlawful arrest and detention — Illegal detention can be challenged through a writ of Habeas Corpus before a High Court or the Supreme Court.
- Right to apply for bail — Depending on the nature of the offence, you may apply for bail to be released while the trial continues.

Key Concepts in Criminal Law

First Information Report (FIR)

An FIR is the first written document recording information about a cognisable offence given to the police. It sets the criminal process in motion. If the police refuse to register an FIR, you can approach a Magistrate directly.

Bail

Bail is a legal process by which a person accused of an offence is released from custody, usually on payment of a sum of money or on personal bond, while the case is pending in court.

Anticipatory Bail

If a person has reason to believe they may be arrested, they can apply for anticipatory bail in advance. If granted, the person is released or protected from arrest immediately upon apprehension.

Quashing of an FIR

In certain circumstances, a High Court or the Supreme Court can quash (cancel) an FIR if it finds that the allegations are false, frivolous, or do not disclose any offence known to law.

Frequently Asked Questions

Q1. What should I do if an FIR is filed against me?

Stay calm and consult a criminal lawyer immediately to understand your rights and legal options, including whether to apply for bail.

Q2. Is anticipatory bail the same as regular bail?

No. Anticipatory bail is applied for before arrest and acts as a protection against being taken into custody. Regular bail is applied for after arrest.

Q3. What are white-collar crimes?

White-collar crimes are non-violent offences typically committed by individuals in positions of trust for financial gain — such as fraud, embezzlement, money laundering, or tax evasion.

Q4. Is it necessary to have a lawyer in a criminal case?

While you can represent yourself, it is strongly advisable to have a lawyer. Criminal cases can have serious consequences, and professional legal guidance protects your rights throughout the process.

Q5. Can a criminal case be settled out of court?

For most serious crimes, no — the state prosecutes the accused and the matter is decided by a court. However, for certain minor or compoundable offences, the parties may settle.