What is criminal litigation?
Criminal litigation involves legal proceedings where the state prosecutes an individual or entity for violating laws under the BNS (Bharatiya Nyaya Sanhita). The goal is to determine guilt and impose penalties like imprisonment or fines.
How is an FIR filed under the BNS and BNSS?
Under BNSS, an FIR can be lodged at a police station or online for cognizable offenses (e.g., theft, assault). If the police refuse to register an FIR, you can approach a magistrate’s court to file a complaint.
What are the stages of a criminal case under BNSS?
The stages include:
Filing of FIR
Investigation
Chargesheet by the police
Framing of charges by the court
Trial: Prosecution and defense present evidence
Judgment and Sentencing
Appeal in higher courts if necessary
What is the role of an advocate in criminal cases?
An advocate provides legal advice, prepares the defense, cross-examines witnesses, files bail applications, and represents the client throughout the case, ensuring fair trial rights are upheld under BNSS procedures.
How does bail work under BNSS?
Bail is granted based on the severity of the crime. For minor offenses, bail can be sought as a right, while for serious crimes, it is subject to judicial discretion and specifics of the case.
What are the rights of the accused under BNSS?
The accused has the right to:
Be informed of the charges
Remain silent
Have legal representation
Be tried in a fair and timely manner
How can a client appeal a criminal conviction under BNSS?
Convictions can be appealed to higher courts (District Court, High Court, or Supreme Court) within specified time limits, based on the nature of the case and errors in the trial process.
Can a case be settled out of court under BNS?
Certain compoundable offenses under BNS can be settled through mutual agreement or mediation.
What is a non-cognizable offense under BNS?
Non-cognizable offenses (e.g., defamation, minor trespass) require a warrant for arrest and are typically initiated by filing a complaint directly with the Magistrate.
What is the difference between cognizable and non-cognizable offenses under BNS?
Cognizable offenses: Police can arrest without a warrant and start an investigation immediately (e.g., murder, robbery).
Non-cognizable offenses: Police require a warrant to arrest, and the case typically begins in court (e.g., defamation, simple assault). The police cannot investigate without the Magistrate's permission.
What are compoundable and non-compoundable offenses under BNS?
Compoundable offenses: Can be settled out of court with the victim’s consent (e.g., minor assault, defamation).
Non-compoundable offenses: More serious offenses that cannot be settled privately and must be prosecuted by the state (e.g., murder, rape).
What is the process for seeking anticipatory bail under BNSS?
Anticipatory bail is available for individuals fearing arrest in cases of non-bailable offenses. The accused must apply to the Sessions Court or High Court, demonstrating that arrest would violate their fundamental rights.
What is a chargesheet, and when is it filed under BNSS?
A chargesheet is a formal document prepared by the police listing offenses, evidence, and witnesses against the accused. It is filed with the court within 60 to 90 days of completing the investigation.
What are the types of criminal courts in Tamil Nadu and Karnataka under BNSS?
The hierarchy is:
Magistrate Courts: Handle minor offenses
Sessions Courts: Handle more serious offenses
High Courts: Handle appeals and serious cases
Supreme Court: The highest court of appeal
What happens if I am acquitted in a criminal case?
If acquitted, the case is dismissed, and you are free of all charges. The state or complainant may appeal the acquittal in a higher court.
What is a warrant, and when is it issued under BNSS?
A warrant is a court order authorizing arrest or search. Under BNSS, warrants are issued for non-cognizable offenses or when the accused refuses to appear in court despite a summons.
