Criminal Law

Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and welfare of people inclusive of one’s self. Criminal law defines the acts which are illegal and prohibited by law.

We deal in to following category of cases under IPC 1860

Following are the major crimes under the INDIAN PENAL CODE 1860 (IPC) AND NEW CRIMINAL LAW 2024 (भारतीय न्याय संहिता (बीएनएस), भारतीय नागरिक सुरक्षा संहिता (बीएनएसएस), और भारतीय साक्ष्य अधिनियम (बीएसए) ) :

  1. CULPABLE HOMICIDE (SEC 299)
  2. ATTEMPT TO MUDER (SEC300)
  3. MURDER (SEC 307)
  4. SEXUAL HARASSMENT (SEC 354A)
  5. RAPE (SEC 375)
  6. KIDANAPPING (SEC 359)
  7. THEFT (SEC 378)
  8. ROBBERY (SEC 390)
  9. EXTORTON (SEC 383)
  10. CHEATING AND DISHONESTLY INDUCING DELIVERY OF PROPERTY (SEC 420)

Bail

BAIL involves the judicial release of an accused person from custody, subject to the condition that they will appear in court at a later stage.

Different types of Bail

  • Regular Bail: The court orders the release of a person who is under arrest, from Police custody after paying the amount as bail money. An accused can apply for regular bail under Section 437 and 439 of Crpc.
  • Interim Bail: This is a direct order by the court to provide temporary and short-term bail to the accused until his regular or anticipatory bail application is pending before the court.
  • Anticipatory Bail: A person under apprehension of arrest for a non-bailable offence may apply for anticipatory bail to the High Court or the Court of Session under Section 438 of CrPC.

Cheque Bounce

According to the Negotiable Instruments Act 1881, Section 138 of the act deals with the dishonour of cheques.

APPLICATION OF 138 BY JUDICIAL PRONOUNCEMENTS:-

  • Insufficient funds
  • Exceeds arrangements- funds are sufficient but, the amount mentioned in the cheque exceeds the arrangement made with the bank.
  • Payment stopped by drawer- Som Nath Versus State of Punjab and another 2008(1) RCR(Criminal) 273 (P&H).
  • Account already closed. Jitender Poddar Versus Prem Nath Sharma 1994(3) RCR(Criminal) 353(P&H), Jaspal Singh Bedi Versus State of Punjab 2005(1) RCR(Criminal) 78m (P&H).
  • No such account. Sandeep Mehra alias Babi Versus Chander Parkash Madan 2015 ACD 166 (P&H). 6. Stop payment. M/s Gupta Rice and General Mills Versus M/s. Meerut Agro Mills Ltd. And another 2011(3) Law Herald 2690.
  • Signature differerence. Charanjit Singh Chawla Versus State of Punjab 2009(2) RCR (Criminal) 690 (P&H). 8. Refer to drawer. M/s Lily hire purchase pvt. Ltd vs Darshan Lal 1997(1)RCR Cr 580
  • Not arranged for. VK Bansal vs State of Haryana 2011(1) Law Herald 396
  • Account not in the name of accused- Section 138 not made out- A person must have drawn cheque on account maintained by him- Jugesh Sehgal Versus Shamsher Singh Gogi 2009(3) RCR(Criminal) 712 (SC).

Cyber Crimes

Any offenses committed against individuals or groups of individuals to harm the reputation or cause physical or mental trauma through electronic means can be defined as Cybercrime. 

MAJOR CYBER CRIMES under INFORMATION TECNOLOGY ACT 2000

  1. IDENTITY THEFT (SEC 66C)
  2. CHEATING BY PERSONATION (SEC 66D)
  3. VIOLATION OF PRIVACY (SEC 66E)
  4. PUBLISHING OR TRASMITTING OBSCENE MATERIAL IN ELECTRONIC FORM (SEC 67) 

OTHER CYBER CRIMES AGAINST THE WOMEN AND CHILDREN ARE :

  1. Sextortion: The most common cybercrime performed against women is sextortion. By using their victims’ private photos or altered images as blackmail, the offenders started demanding money or sexual favors from them. The offenders threatened women and asked for sexual videoconferencing or letters from them. Additionally, as they had no money, they felt empowered to threaten victims with their altered images in order to get money from them.
  2. Phishing: To make money, criminals send fake e-mails with a link to a particular webpage in an effort to coerce the victim into entering personal information like contact details and passwords or with the purpose of infecting the victim’s device with dangerous viruses as soon as the link is clicked. These texts and emails appear to be authentic. The attackers then carry out shady transactions from the victim’s bank account to their own using the victim’s bank account and other private information.
  3. Pornography: Offenders indulged in online sexual attacks against women, altering the victim’s image and using it in pornographic material
  4. Cyber stalking: It included, among other things, contacting or trying to engage the victim via social media sites or phone conversations despite her obvious lack of interest, posting messages on the victim’s page (often threatening in nature), and persistently bothering the victim with emails and phone calls.
  5. Cyber-bullying: This includes, sending rape and death threats to the victim and posting false, misleading, and abusive statements about the victims on social media sites, and demanding money to have them removed. It also includes leaving hurtful comments on the victim’s posts. A computer, cell phone, or laptop are examples of digital or communication technology that are used for harassment and bullying.

Advocate Pritam Saini and Associates