Criminal matters
SK LAW ASSOCIATES
TYPES OF CRIMINAL MATTERS
Theft and Robbery
The final objective or intention in both theft and robbery is same but the way of committing the crimes are quite different, so the punishments for both the crimes also differ.
Theft is a crime in which one person takes the authority of another person’s property without having his/her permission or consent and have the intent to deprive the rightful owner of it. This can be carried out only on solid assets or properties such as cell phones, jewelery, money, cars, motor vehicles and many more physically movable objects.
Robbery is a crime in which intention is as same as in theft but the method to carry out the crime is a bit different in which one person rob the property of other person forcefully by showing fear of getting hurt physically or death, in this case also the crime is committed for the solid assets as same in the case of a theft. Robbery can be of many types, some of them are as follows :-
Aggravated robbery involves use of deadly weapon like gun and others.
Armed robbery involves use of any weapon or any utility thing which can be used as a weapon.
Carjacking is the acting of stealing car or any other automobile from a person forcefully by making him/her feared about getting hurt physically or killed.
Highway robbery takes place at public places or anywhere in outside such as sidewalk, parking lot, public parks, highways and many more.
Theft and robbery both the crimes are cognizable and non-bailable in India.
Cheating
Cheating is a crime which according to IPC (Indian Penal Code) section 415 explained as – Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. Some special ingredients which are required to prove the offense of cheating are listed below :-
Deception of a person either by making or misleading representation or by other action or omission
Fraudulent or dishonestly inducing the person -
to deliver any property to any person
to consent that any person shall retain any property
Intentionally inducing the person to do or omit to do anything which he would not do or omit if he were not so deceived and which act or omission causes or is likely to cause or harm to the person in body, mind, reputation or property
Cheating is committed not against the public but against any person
According to Indian Penal Code (IPC), the punishment for the crime of cheating is imprisonment which may extend to one year, or with fine. or with both. We all need to keep in our mind that the offense of cheating is a non cognizable and bailable crime. Simply, we can say that if one person is trying or pretending to be something that he/she is not used to be and commits any type of fraud either in any case but intentionally and the intention could be to damage or harm the person in body, mind, property or reputation and it has to be done with a single person not with any group of people is said to be the crime of cheating.
Extortion Case
Extortion is a criminal offense which has been committed under some special circumstances, most of the times this has been done by any criminal group and its intention is to create terror or fear to the victim, in this crime the victim doesn’t get hurt in most of the cases but get feared of getting hurt or any other type of social, physical or mental damage to the victim or the people associated with the victim. In this case you can consult an extortion case lawyer. For example “the monetary capital city of India” Mumbai is the most infamous zone for extortion money in our country. This city has always been influenced by the “underworld” their godfathers and their other members. Under the activity of extortion the demand could be of anything that will be in form of money, property, any type of tangible or intangible assets or any other thing or information which will benefit the criminal. The warning could be verbal or written, it could be of any type, the objective of this crime is to get benefit not to harm the victim but in some cases the victim get hurt or killed by the criminals.
There are many types of crimes which are quite like extortion or we can say that those crimes are other type of extortion and some of them are listed below.
Badger game: Someone is tricked into a compromising situation.
Clip joint: By using any trick to make the victim to pay money for poor goods and services or nothing.
Coercion: Force someone to behave involuntary.
Confidence trick: Defraud someone after gaining the confidence of that person or the group.
Cryptovirology: A type of software scam in which the criminal encrypts the data of the victim by using fake keys and the real user loses his/her data and cannot decrypt that until unless he/she doesn’t pay for that key.
Dognapping: Someone gets away with the dog of someone mostly in cases of purebred dogs.
Loan sharking: Offers unsecured loans to individuals or groups on high interest rates and show them the threats of violence if they can’t pay the loan in a committed time interval.
Nuclear blackmail: In this case the aggressor shows the threat of nuclear weapons to fulfill his/her objective.
Prize: One person offers something to someone to victimize the victim.
Racket: Any false service provider promise to solve a problem that doesn’t exist actually.
Sextortion: Forcing any individual or group of individuals to send sexual images or perform sexual services.
Terrorism: A policy to intimidate people or cause terror amongst people to fulfill their objectives.
Tiger kidnapping: Taking of an innocent one to make their loved one(s) to do something according to the criminal.
Wheel clamping: Extortion of money from the motorists and from all those ones who uses any type of vehicle to travel from one destination to another.
One more thing is that extortion case is the intermediary between the offense of Theft and Robbery and it is cognizable and non bailable crime. The offense of extortion includes listed aspects.
Putting a fear of injury in the mind of the person intentionally.
The fear is of injury to self or to some other person in whom the person is interested.
Due to such fear the person gets induced to deliver the property to any person and such property is capable of being converted into a valuable security.
Plea Bargaining in India
Plea Bargaining is the agreement in a criminal case between the prosecutor (victim) and defendant (accused), this comes in to play during lengthy prosecutions, it also have one more quality which is in monetary terms means that both the prosecutor and defendant can save their lot of money with this contract, this agreement make them to compromise after a stage and that include mutual benefits for both the prosecutor and defendant. In this agreement most of the time the defendant pleads for a less serious charge or punishment instead of more serious charge or punishment. This allows both the parties to avoid a lengthy criminal trial and may also allow the accused to avoid the risk of more serious charge or punishment.
In India it has been introduced in the year of 2005 and enforceable from 2006 and it has been applied only on those cases where the punishment is maximum 7 years of imprisonment, but all those offences which affect the socio economic condition and all those crimes which are against women and all the children below 14 years of age are excluded.
So, after knowing that much about plea bargaining we concluded some aspects and those are mentioned below.
In the charge of death plea bargaining can’t be applied
Plea bargaining can’t be applied on life imprisonment or a term of more than 7 years
Not applicable on the offence that is of social-economic condition of the country
If the offence is against a woman or a child below 14 years this can’t get applied
It cuts down the lengthy legal process
In most of the cases the accused get the benefits of less serious charge or punishment
It saves the money for both the parties
Murder Charges
Murder is said to be a crime when someone kills anybody else for any of his/her individual or group objective and in this type of crime one person try to kill other person by using any of the methods which are supposed to kill some one like by shooting bullet, by using poison in food and by using many other methods. Murder is one of the cruelest crimes registered in all laws all over the world. In India the highest possible punishment is hang till death.
There is another type of murder charge which is known as “attempt to murder”, in this case a person who wants to murder someone intentionally or unintentionally but failed to kill the person is known as attempt to murder. This is also almost equal to the crime of murder and its most highest possible punishment also could be hang till death. This is a cognizable and non bailable crime.
In case of cognizable crime the police can take cognizance of the crime on its own and thus need not wait for the court orders. In these kind of crimes, the permission of the court to investigate the crime is implicit. Bail is a mechanism which ensures the presence of the accused whenever required by the court. Thus a bailable crime is one which is relatively of less severity, that’s why grant of bail in case of a non bailable crime is not a matter of right. The elements of murder listed below.
The act must have been done unlawfully
There has to be an act of killing
The killing must be that of a human
The killing must have been done by a human
There must be a predetermined act
There are some aspects which need to be focused during a murder charge, some of them are mentioned below.
Actions include following steps:
Stalking, tracking or ambushing
Luring
Breaking-in
Constructing
Soliciting
The intentions include these two:
Intent to act
Intent to kill
Cruelty (498-A)
498A – An offence covered under this section is introduced in the Indian Penal Code to combat the domestic violence and protect the women, especially from dowry harassment. This section gets into action in case of cruelty being exercised on women when
She or her relatives are harassed and forced to give property, or
She is driven to commit suicide due to conduct of husband or any of his relatives or
She is subjected to any conduct by husband or his relatives that may cause or likely to cause a grave injury to the life, limb or health of the woman
She or her relatives are harassed due to inability to yield to the demands for more money by husband or his relatives.
Section 498-A, IPC is a criminal offence and hence is
Cognizable – An offence which the police is duty bound to register and investigate the same.
Non bailable– An offence in which the magistrate has the power to refuse bail and send the accused to judicial or police custody.
Non compoundable offence – An offence which cannot be withdrawn by the petitioner as well.
Thus this section can be invoked by wife / daughter-in-law or her relatives.
Criminal Breach of Trust
Criminal Breach of Trust is a crime related to the entrust of a property, this crime has a very wide language, any kind of property or asset either its liquid or fixed has been dishonestly misappropriates or converts to his/her own use that asset or property this has been done by someone who is entrusted with that asset or property or with any dominion over property in absence of the real owner of that property or asset. The most essential ingredients for criminal breach of trust are the property or asset and the trust associated with the person regarding to that property or asset by the real owner.
The essential ingredients which are required to prove the crime a criminal breach of trust are listed below.
The accused must be entrusted with the property or with dominion over it
The person so entrusted must use that property
The accused must dishonestly use or dispose of that property or willfully suffer any other person to do so in violation
of any direction of law prescribing the mode in which such trust is to be discharged
of any legal contract made touching the discharge of such trust
The accused must have actually put such property to use
There must be dishonest or disposition of such property
There must be willful sufferment of another person due to use of such property by the accused
Here are some examples given below which help us to understand the case of criminal breach of trust.
A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him/her to divide the effects according to the will, and appropriate them to his/her own use. A has committed criminal breach of trust.
A is a warehouse-keeper. Z going on a journey, entrusts his/her furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust.
A, residing in Calcutta, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z remits an amount of money to A, with directions to A to invest the same in Company’s paper. A dishonestly disobeys the direction and employs the money in his/her own business. A has committed criminal breach of trust.
But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank, disobeys Z’s directions, and buys shares in the Bank, for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.
A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he/she holds. A dishonestly appropriates the money. A has committed criminal breach of trust.
A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust.
There are many more cases in Indian history which can prove the criminal breach of trust to more extent. According to Indian Penal Code Section 405, 406, 407, 408 and 409 criminal breach of trust is a cognizable crime and it is non bailable and the punishment decided for this could be either imprisonment for life or imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Dowry Allegations
Dowry system has been prevailing in India since the ancient time. In the name of dowry, some people tend to take more than just durable goods and “stridhan.” Due to this, dowry is considered to be a kind of financial burden on the family of the bride. Also, in some cases it gives birth to crime against women, starting from injury, emotional abuse, as well as death sometimes. This is the reason why dowry has been restricted under specific Indian Laws, which includes the Dowry Prohibition Act, 1961 as well. Subsequently, it is also banned under sections 498A and 304B of the Indian Penal Code (IPC).
Every year in different parts of the country, thousands of complaints are filed against dowry harassment. The number of cases filed relating to this are increasing day by day. The situation has become so alarming that it has become important for our concerned authorities to punish the guilty and, at the same time impose punishment and fine on the ones who take undue advantage of this act. We handle all the cases relating to dowry, matrimony, property matters, arbitration, civil cases, cyber cases, corporate cases and many more. Our team professionals are available at the services of our clients 24×7.
Legal help is provided to all those who need it. Be it the ones who are aggrieved by the in-laws who demand forceful dowry or the ones on whom false dowry allegation is being imposed; both the parties are provided proper assistance. Unless, the clients do not get the deserved justice, we stick to the case taken. The dowry allegation cases of the clients are heard, understood properly and accordingly the series of action is taken. The initial consultation is free of cost and the cases can be discussed over phone as well, if so is desired by the client. Phone calls are answered 24 hours.
Criminal aCTS
Matter pertaining to the Criminal such as:
The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act
The Motor Vehicles Act, 1988 (MACT)
Arms Act, 1959
Negotiable Instrument Act, 1881
Domestic Violence Act
Protection of Children from Sexual Offences
Immoral Traffic (Prevention) Act, 1956