Chandigarh, known for its well-structured legal framework, is home to some of the best criminal lawyers in Chandigarh who specialize in defending individuals accused of criminal offenses. Whether facing charges related to the Bharatiya Nyaya Sanhita 2023 (BNS), Narcotic Drugs and Psychotropic Substances Act, or Cyber Crimes, criminal lawyers in Chandigarh play a crucial role in ensuring justice. This article provides an in-depth understanding of criminal law, the legal framework governing criminal cases, and the role of criminal advocates in Chandigarh in defending accused individuals.

Understanding Criminal Law in India

Criminal law in India is primarily governed by three main legislations:

Types of Criminal Cases Handled by Chandigarh Top Advocates

The best criminal advocates in Chandigarh handle a wide range of criminal matters, including:

1. Offenses Against Human Body

These crimes include murder, assault, and kidnapping. Some relevant IPC sections are:

  • Section 103(1) BNS – Punishment for Murder
  • Section 109 BNS – Attempt to Murder
  • Section 115(2) BNS – Punishment for Voluntarily Causing Hurt
  • Section 140(1) BNS – Kidnapping for Murder

2. White Collar Crimes

Financial crimes have seen a rise in recent years. Some relevant laws include:

  • Prevention of Corruption Act, 1988
  • Section 318 BNS – Cheating and Dishonest Misappropriation
  • Section 338 BNS – Forgery of Valuable Security

3. Cyber Crimes

With the rise of digital transactions, cyber crimes have increased. Some laws governing cyber crimes include:

  • Information Technology Act, 2000
  • Section 66A IT Act – Sending offensive messages through communication services
  • Section 66C IT Act – Identity Theft

4. Narcotic and Drug-Related Offenses

Drug-related cases fall under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. Some critical provisions include:

  • Section 20 NDPS Act – Punishment for possession of cannabis
  • Section 21 NDPS Act – Punishment for possession of manufactured drugs

5. Sexual Offenses

Criminal lawyers also defend or prosecute cases related to sexual offenses, such as:

  • Section 63 BNS – Definition of Rape
  • Section 64 BNS – Punishment for Rape
  • Protection of Children from Sexual Offenses (POCSO) Act, 2012

How Criminal Cases Proceed in Chandigarh Courts

The legal process for criminal cases in Chandigarh follows a structured framework under the Bharatiya Nyaya Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC) and related procedural laws. A criminal case progresses through multiple stages, from the registration of the First Information Report (FIR) to trial and appeal. Each step ensures that justice is delivered while safeguarding the rights of the accused.

1. FIR (First Information Report)

  • The criminal process begins with the registration of an FIR (First Information Report), which is filed under Section 173 BNSS at the nearest police station where the alleged crime occurred.
  • The FIR must contain essential details such as the nature of the crime, the parties involved, and the date and time of the incident.
  • Under BNSS, every accused has the right to obtain a copy of the FIR.
  • If the police refuse to register the FIR, the complainant can approach the Superintendent of Police (SP) under Section 174 BNSS, or file a private complaint before the Magistrate under Section 175 BNSS.

2. Investigation

  • Once an FIR is registered, the police begin the investigation under Section 175 BNSS.
  • The investigation may involve:
    • Visiting the crime scene, collecting physical evidence, and examining forensic reports.
    • Recording statements of witnesses under Section 180 BNSS.
    • Arresting the accused if necessary, following due process under Section 187 BNSS.
    • Preparing a charge sheet under Section 193 BNSS, which outlines the charges against the accused and is submitted to the court.
  • If the investigation finds insufficient evidence, the police may submit a closure report to the court, which the complainant can challenge.

3. Bail Application

Bail is a legal provision allowing the accused to remain free while awaiting trial. The bail process depends on whether the offense is bailable or non-bailable:

  • Bailable Offenses (Section 478 BNSS) 
    • For minor offenses, the accused is entitled to bail as a right.
    • The police can grant bail at the station without court intervention.
  • Non-Bailable Offenses (Sections 480 & 483 BNSS) 
    • For serious crimes like murder, rape, or fraud, bail is granted at the discretion of the court.
    • The accused must file a bail application before a Magistrate or Sessions Court.
    • Factors like the severity of the offense, risk of fleeing, and previous criminal history are considered before granting bail.
    • If bail is denied at the lower court, the accused can appeal to the High Court or Supreme Court under relevant provisions of the BNSS and the Constitution.
  • Anticipatory Bail (Section 479 BNSS) 
    • If a person fears arrest, they can apply for anticipatory bail before arrest, ensuring they are not detained immediately.

4. Trial Process

After the investigation, the trial process begins. Criminal trials in Chandigarh are conducted under two main categories based on the severity of the offense:

A. Summary and Magistrate Trials

  • Minor offenses with punishments of up to three years are tried by Magistrates under BNSS provisions.
  • The accused is informed of the charges and allowed to defend themselves.
  • If found guilty, the Magistrate pronounces a sentence, which can be challenged through appeal.

B. Sessions Court Trials (Section 351 BNSS)

  • If the offense is punishable by more than seven years of imprisonment, the case is committed to the Sessions Court.
  • The accused has the right to examine evidence, cross-examine prosecution witnesses, and present their defense under Section 351 BNSS.
  • The prosecution must prove the case beyond a reasonable doubt.
  • Based on the evidence, the Sessions Judge either convicts or acquits the accused.
  • In case of conviction, the court determines the sentence based on the severity of the crime.

5. Appeal and Revision

If either the accused or the prosecution is dissatisfied with the judgment, they can file an appeal to a higher court under Section 415 BNSS. The appeals process depends on the type of case:

  • Appeal to Sessions Court: If a Magistrate delivers a verdict, the aggrieved party can appeal to the Sessions Court.
  • Appeal to High Court: If a Sessions Judge gives a verdict, the accused can file an appeal before the Punjab & Haryana High Court.
  • Appeal to Supreme Court: In cases involving life imprisonment or the death penalty, the accused can approach the Supreme Court of India under Article 136 of the Constitution.

If a direct appeal is not possible, the accused can file a revision petition under Section 416 BNSS, requesting a higher court to review the case for legal errors.

Landmark Judgments in Criminal Law

Several landmark judgments have shaped criminal law in India:

  1. Maneka Gandhi v. Union of India (1978) – Expanded the interpretation of Article 21 (Right to Life).
  2. Arnesh Kumar v. State of Bihar (2014) – Guidelines on arrests in dowry-related cases.
  3. Vishaka v. State of Rajasthan (1997) – Laid down guidelines for sexual harassment at workplaces.

Criminal law is a complex and evolving field, and individuals facing criminal charges require expert legal representation to ensure their rights are protected. Criminal lawyers in Chandigarh play a crucial role in defending individuals accused of various offenses, including those under the Bharatiya Nyaya Sanhita (BNS) 2023, Narcotic Drugs and Psychotropic Substances (NDPS) Act, and Information Technology (IT) Act. The structured legal process—from FIR registration to trial and appeal—ensures that justice is served while upholding the fundamental rights of the accused.

For individuals seeking legal assistance, Chandigarh top advocates provide skilled representation in cases related to white-collar crimes, cyber offenses, drug-related charges, and violent crimes. Whether applying for bail under BNSS, defending against serious allegations in Sessions Court, or filing appeals in the Punjab & Haryana High Court, experienced criminal advocates in Chandigarh ensure that due process is followed.

Understanding legal rights, bail provisions, and trial procedures can make a significant difference in the outcome of a criminal case. If you or someone you know is facing criminal charges, consulting the best criminal advocates in Chandigarh can help navigate the complexities of the legal system and secure a fair trial. From criminal court advocates in Chandigarh handling minor offenses to best criminal lawyers in Chandigarh dealing with high-profile cases, legal expertise is essential for a strong defense.

FAQs on Criminal Lawyers in Chandigarh

  1. How can I find the best criminal lawyer in Chandigarh?
    Finding the best criminal advocates in Chandigarh requires considering factors such as experience in handling Bharatiya Nyaya Sanhita (BNS) 2023 cases, expertise in trial procedures, and a successful track record in bail applications, appeals, and acquittals. Look for criminal court advocates in Chandigarh who have expertise in Sessions Court, High Court, and Supreme Court litigation.
  2. What is the difference between a bailable and non-bailable offense?
    Under Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, offenses are categorized as:
  • Bailable Offenses (Section 479 BNSS): The accused is entitled to bail as a matter of right, and the police or Magistrate can grant bail without court intervention.
  • Non-Bailable Offenses (Sections 480 & 483 BNSS): Bail is not an automatic right and is granted at the discretion of the Magistrate or Sessions Court, depending on factors such as the severity of the offense and risk of flight.
  1. What are my rights if I am arrested?
    If arrested, an accused person has several rights under the BNSS, 2023, and Article 22 of the Indian Constitution:
  • Right to be informed: Under Section 41 BNSS, every accused must be informed of the reasons for arrest.
  • Right to legal representation: As per Article 22(1) of the Constitution, the accused has the right to consult an advocate of their choice.
  • Right to bail: If the offense is bailable (Section 479 BNSS), the accused has the right to be released on bail.
  • Right to be produced before a Magistrate within 24 hours: Section 171 BNSS ensures that the accused is presented before a Magistrate within 24 hours of arrest, excluding travel time.
  1. Can I apply for anticipatory bail in a criminal case?
    Yes, anticipatory bail can be applied under Section 481 BNSS before an arrest is made. Key points regarding anticipatory bail:
  • It is granted at the discretion of the Sessions Court or High Court.
  • The applicant must demonstrate that their arrest is likely and unjustified.
  • The court may impose conditions such as surrendering a passport or appearing before the police for investigation.
  1. What is the punishment for drug-related offenses in Chandigarh?
    Drug offenses are governed by the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The punishment depends on the quantity of drugs possessed:
  • Small Quantity (Section 21 NDPS Act) – Imprisonment of up to 1 year or fine, or both.
  • Commercial Quantity (Section 22 NDPS Act) – 10 to 20 years imprisonment and a fine of up to ₹2 lakh.
  • Repeat Offenders (Section 31 NDPS Act) – Punishment may be doubled for individuals convicted multiple times under the NDPS Act.