Understanding the basics of Criminal Litigation Practice (LITIGATION BASICS 15)

The Criminal Law Practice is very interesting as well as challenging practice. The Law students and junior lawyers who wish to practice in criminal law first need to understand the basic nuances of criminal law. The criminal law is basically divided into general criminal law and special criminal law. Criminal law practitioner can specialise either in general criminal law or special criminal law or both.

(A) UNDERSTANDING OF SUBSTANTIVE AND PROCEDURAL LAWS

The Criminal Law practice requires strong holds on substantive as well as procedural laws. The Criminal Procedure Code is procedural law which provides for procedure to be followed by criminal courts, various stages of trial, various types of forms and miscellaneous applications used during trial. Also there are some special criminal laws which provides special rules for conducting trials and taking evidence in specific cases.

The practical understanding of evidence law is must for excel in criminal law litigation.

The Substantive Criminal laws defines what constitutes crime and provides punishment for crime. The Indian Penal Code is general criminal law in India. There are various special laws which enacted to deal only with specific subjects example POCSO Act provides for punishment for crime against children.

(B) CASES INVOLVED IN CRIMINAL LITIGATION

The Criminal Litigation Practice involved various types of cases from Trial Courts to Higher Courts

1. Trial Courts –

Conducting Criminal Trial is important task of Trial Court.

Also handles Miscellaneous Applications under CrPC like Remand, Bail, Discharge Application, Transfer petition etc., and Applications under special laws.

2. High Courts & Supreme Court

These courts are also known as Writ Court. Handles the Cases like Criminal Writ Petitions, Criminal Revision & Appeals, Miscellaneous Applications under CrPC like Bail, Transfer petition etc. and applications under Special laws.

3. Tribunals and Forums –

Handles cases arising out of special criminal laws.

(C) AREAS OF PRACTICE IN CRIMINAL LITIGATION

The criminal law litigation practice includes general criminal law and special criminal law.  

(1) GENERAL CRIMINAL LAW –

Indian Penal Code is general criminal in India. IPC deals with various types of offences such as offences against state and public justice, offences against human body, offences against property, offences relating to document etc. IPC also provides punishment for offences and general defences.

(2) SPECIAL CRIMINAL LAWS –

Special Criminal Laws deals with specific types of crimes which needs special attention and generally not covered in IPC. The following are examples of special laws –

(A) Offences relating to Women’s –

1. Protection of Women from Domestic Violence Act 2005 (PWDVA)
2. Protection of women from Sexual Harassment Act 2013 (POSH)
3. Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PCPNDT)

(B) Offences relating to Children’s

1. Juvenile Justice (Care and Protection of Children) Act, 2000
2. Protection of Children from Sexual Offences Act, 2012 (POCSO)

(C) Offences relating to Vulnerable Sections

1. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

(D) Organised Crimes –

1. Offences relating to Narcotics and Drugs –
   • Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)
2. Offences relating to Unlawful Activities –
   • Maharashtra Control of Organised Crime Act, 1999 (MCOCA)
   • Unlawful Activities (Prevention) Act 1967 (UAPA)
   • Maharashtra Prohibition Act 1949
3. Offences relating to Human Trafficking –
   • Immoral Traffic (Prevention) Act, 1956 (PITA)
4. Offences relating to Smuggling Activities –
   • Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (COFEPOSA)

(E) Offences relating to Law and Order –

1. Arms Act 1959
2. Police Act (Maharashtra Police Act 1951 for State of Maharashtra)

(F) Offences relating to Economic/Financial Crimes –

1. Prevention of Corruption Act, 1988
2. Prevention of Money Laundering Act, 2002 (PMLA)
3. Prohibition of Benami Property Transaction Act 1988
4. Maharashtra Money Lending (Regulation) Act 2004
5. Chit Funds Act 1982
6. Offences under Company Act 2013
7. Offences under Foreign Exchange Laws
8. Offences under Taxation laws
9. Offences under Banking and Securities laws

(G) Offences relating to IPR infringement –

1. Copyright Infringement under Copyright Act, 1957
2. Trademark Infringement under Trademark Act 1999
3. Patent Infringement under Patent Act 1970

(H) Offences relating to Cyber Crimes –

1. Information Technology Act 2000

(I) Offences relating to Environmental Crimes –

1. Various environmental related offences under Environment Protection Act, Water Act, Air Act, Wildlife Protection Act etc.