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Friday, April 9, 2021

Brief Introduction of Indian criminal laws, legalhelplineindia.com

 

Brief Introduction of Indian criminal laws:

Indian criminal laws are mainly contained and described in Indian Penal Code (IPC). Various types of criminal offences, their punishment is described under the IPC. Broadly offences are categorised as cognisable and Non cognisable offence. Cognisable offence are the offences in which the police has power and authority to take direct action and conduct investigation in the matter and submit a charge sheet before the court. 


The court of magistrate thereafter can proceed with the trial of the case on the basis of the investigation done by the police. Non Cognisable offences are the offences in which no investigation by the police can be undertaken without the direction of the court of magistrate. A wise criminal lawyer can understand all these aspects minutely and plan the defence of the case. 






 

IPC further categories offences as bailable and non bailable offences. The Bailable offences are the offences in which the police has the power to admit the person on bail after his arrest. In non bailable offences, the police has no power to release the person on bail, rather the court can order the release of the arrested person on bail. The offences as described are also triable by a Magistrate or the Session Court which are described in the IPC. A criminal lawyer is required to handle such matters at all levels.

The procedure of criminal trials is described under the Code of Criminal Procedure (CrPC) . This describes the process of holding the trial of a criminal case besides the procedure of investigation of the case by the police.

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Introduction of Indian Company Laws:


Indian companies laws are mainly contained under the Indian Companies Act, 1956. This Act determines the formation and incorporation of companies in India and their operation. The Indian Companies Act also describes the process of dealing with the disputes inside the company and the money disputes with the company.

National Company Law Tribunal is the court where all matters pertaining to the dispute with the companies are taken up and decided. The dispute amongst the company Directors, share holders is also decided by the civil courts and various civil suits for declaration, injunction are filed before the civil court.

The role of Indian Company lawyer is very important in advising on the Indian Company Laws as it is an interplay of the various complex set of Indian laws followed by a complicated taxation system for the financial aspects of the company.

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