Criminal Litigation in India: Types of Offences and Legal Procedure*
Criminal litigation refers to the legal process of criminal cases in which if a person is accused of committing a crime the State or government initiates and conducts proceedings against that person. When an offence such as theft, cheating, fraud, assault, murder, or cyber crime occurs the police register an FIR and the case is tried before a criminal court. This entire legal process is known as criminal litigation
*Types of Criminal Litigation*
*Cognizable Criminal Litigation*
In this type of criminal litigation the police can register an FIR without the permission of the court, arrest the accused and begin the investigation. These cases are very serious in nature For example if a person has committed murder the police can arrest the accused immediately. Similarly in rape cases as soon as information is received the police take prompt action In cases of robbery or kidnapping as well the police have the authority to register an FIR and make arrests These are serious offences and have a direct impact on society.
*Non-Cognizable Criminal Litigation*
In such cases the police cannot register an FIR, make an arrest or start an investigation without a court order Examples include defamation litigation where a person’s reputation is harmed through false or harmful statements such as posting false allegations on social media. It also includes cases of simple hurt where a person suffers only minor injuries such as in a small scuffle causing slight and no serious weapon is used. Cheating cases involving a small amount or matters that are more in the nature of civil disputes also fall under this category
*Bailable Criminal Litigation*
They also entail some circumstances and motives. For instance if one commits murder out of self defense then circumstances surrounding the occasion on which the crime was committed are closely investigated. The other circumstance could be that one is in the vicinity of the crime and is not participating in the offense, and in such a case, one can demand bail if he or she has valid proof that he or she is innocent.The kind of crimes, if one has managed to prove his or her innocence then he or she can get bail
*Nonbailable Criminal Litigation*
In the case of non-bailable offences if one-offsends the trial with a serious offence which is not at all bailable like murder or rape or economic offences, bail becomes a matter entirely within the discretion of the court economic offences are those crimes which affect money or property or business or the economic system, whose prime motive is economic gain. In all such matters, the matter of bail is entirely within the discretion of the court
*How a Lawyer Helps in Criminal Litigation Cases*
An experienced criminal lawyer examines a case thoroughly and ensures that no part of the case is overlooked. The lawyer takes care to protect the legal rights of the accused or the victim. In criminal cases sometimes a person’s reputation and sometimes even their life is at stake. When representing the victim the lawyer strengthens the evidence so that the case becomes stronger and works to ensure justice and appropriate compensation. A criminal lawyer is the backbone of the justice system whether representing the accused or the victim. The role of a criminal lawyer is to ensure fairness and justice through the law and in criminal litigation an experienced lawyer can significantly change the outcome of a case
