Criminal | Advocate Paresh M Modi | 9925002031
Complete Guide to Criminal Law in India: Meaning, Types of Crimes, Procedure, Rights & Important Laws
Criminal Law in India forms the backbone of public safety, justice, and law enforcement. It deals with offences committed against society, the State, and individuals. The primary purpose of criminal law is to maintain social order, punish wrongdoers, protect victims, and prevent future crimes. The Indian criminal justice system operates through a structured legal framework, police machinery, prosecuting agencies, and courts ranging from Magistrate Courts to the Supreme Court.
What Is Criminal Law in India?
Criminal Law consists of rules and statutes that define offences, prescribe punishments, and outline procedures for investigation, arrest, bail, trial, evidence, and appeal.
The NEW criminal laws applicable from 1 July 2024 are:
(1) Bhartiya Nyay Sanhita (BNS), 2023
(Replaced IPC, 1860)
(2) Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023
(Replaced CrPC, 1973)
(3) Bhartiya Sakshya Adhiniyam (BSA), 2023
(Replaced Evidence Act, 1872)
These laws modernize India’s criminal justice system, adding stronger provisions for women’s safety, cybercrime, terrorism, organized crime, and digital evidence.
- Objectives of Criminal Law
- Maintain public order and peace
- Prevent crime and protect society
- Punish offenders through fair trial
- Protect victims and witnesses
- Provide justice through due process
- Reform criminals where possible
- Ensure rule of law and constitutional rights
- Types of Crimes Under Indian Criminal Law
Criminal offences in India are broadly classified as:
- Crimes Against Individuals
- Murder, culpable homicide, grievous hurt
- Kidnapping, abduction, wrongful confinement
- Assault, intimidation
- Crimes Against Women & Children
- Rape, sexual assault
- Cruelty, harassment, dowry
- POCSO offences
- Trafficking
- Crimes Against Property
- Theft, robbery, dacoity
- Cheating, criminal breach of trust
- Arson, mischief
- Property fraud, land grabbing
- Economic & Financial Crimes
- Money laundering (PMLA)
- GST fraud, tax evasion
- Banking fraud, cyber fraud
- Ponzi schemes, investment fraud
- Cyber Crimes
- Online fraud, hacking
- Identity theft
- Cyberbullying, sextortion
- Online betting & crypto-related offences
- Special Act Crimes
Handled by specialized agencies:
- NDPS Act (Drug offences)
- POCSO Act
- SC/ST Atrocities Act
- Arms Act
- Customs Act
- Immoral Traffic Act
- FEMA, FERA, ED Cases
- CBI/DRI/SEBI/IT Acts
- Prohibition Act (in dry states like Gujarat)
- Stages of Criminal Case in India (Step-by-Step)
- Filing of Complaint / FIR (Section 173 BNSS)
A complaint can be filed at the police station or online. For serious offences (cognizable), FIR must be registered.
- Investigation by Police
Police collect evidence, statements, call data, CCTV, documents, digital proof, etc.
- Arrest and Bail
- Arrest possible with or without warrant depending on the offence
- Accused has the right to legal counsel, medical check-up, and information of grounds of arrest
- Bail types: Regular Bail, Anticipatory Bail, Interim Bail
- Charge Sheet / Final Report
Police submit charge sheet to the Magistrate after completing investigation.
- Framing of Charges
Court decides which charges will be tried.
- Trial (Examination of witnesses, cross-examination, evidence)
Both prosecution and defence present evidence.
- Final Arguments & Judgment
Court delivers judgment—acquittal or conviction.
- Sentencing
Punishment is decided after conviction.
- Appeal, Revision, Review
Higher courts can examine legality of orders and judgments.
- Important Sections Under BNS (New IPC)
Some major categories under Bhartiya Nyay Sanhita include:
- Offences Against Body – Murder, assault, grievous hurt
- Offences Against Women – Rape, sexual harassment (Stricter provisions)
- Offences Against Property – Theft, criminal misappropriation
- Organized Crime & Terrorism – New definitions added
- Mob Lynching – Specific punishments included
- Hit-and-Run (Section 106 BNS) – 10 years punishment
- Snatching & Chain Snatching – Clear provisions introduced
- Important Procedural Changes Under BNSS (New CrPC)
- Mandatory videography of crime scene for serious offences
- FIR can be filed digitally
- Forensic investigation is mandatory for offences punishable with 7+ years
- Zero FIR applicable across India
- Police custody can be extended up to 90 days
- Faster trial timelines, digital summons, e-trials
- More rights for victims and witnesses
- Bhartiya Sakshya Adhiniyam (New Evidence Act) Highlights
- Electronic & digital evidence fully recognized
- Email, WhatsApp chats, GPS, CCTV accepted as evidence
- Expert evidence rules improved
- Confessions before police still inadmissible without a magistrate
- Presumptions in favour of victims strengthened (especially for women & children)
- Rights of an Accused in India
Every accused person has constitutional protection:
- Right to legal representation
- Right to remain silent
- Right to fair trial
- Right to be informed of charges
- Right to bail (for bailable offences)
- Protection from illegal detention
- Right against double jeopardy
- Right against self-incrimination (Article 20(3))
- Rights of a Victim in Criminal Cases
Victims today have stronger rights:
- Right to file FIR without delay
- Right to be heard during bail
- Right to compensation
- Right to legal support
- Right to speedy trial
- Right to protection during trial
- Punishments Under Criminal Law
Punishments vary based on offence:
- Death penalty (rarest of rare cases)
- Life imprisonment
- Imprisonment (simple or rigorous)
- Fines
- Asset seizure (economic offences)
- Compensation to victims
- Community service (in some cases)
- Major Authorities Handling Criminal Cases in India
- Police Department
- CID / Crime Branch
- Cyber Crime Police Station
- CBI (Central Bureau of Investigation)
- ED (Enforcement Directorate)
- NIA (National Investigation Agency)
- DRI (Directorate of Revenue Intelligence)
- SEBI Authorities
- Courts (Magistrate, Sessions, High Court, Supreme Court)
- Criminal Lawyer’s Role in India
A criminal lawyer:
- Advises clients on legal rights
- Files bail applications
- Handles anticipatory bail
- Appears in trial, arguments, and cross-examination
- Drafts complaints, FIR requests, and legal notices
- Protects clients from wrongful arrest
- Files appeal, revision, and quashing petitions
Handles complex matters including ED, CBI, NDPS, POCSO, GST Fraud, Cybercrime, and Financial fraud cases
- Conclusion
Criminal Law in India is vast and continually evolving. With the introduction of BNS, BNSS, and BSA in 2023, the criminal justice system has become faster, technology-friendly, and more victim-centric. Whether it’s a bail matter, cyber fraud, financial offence, violent crime, or special act case, understanding criminal law helps individuals safeguard their rights and ensure fair justice.
List of districts in Gujarat:
Ahmedabad, Amreli, Anand, Banaskantha, Bharuch, Bhavnagar, Botad, Dahod, Dang, Devbhumi Dwarka, Gandhinagar, Jamnagar, Junagadh, Kachchh, Kutch, Kheda, Mahisagar, Mehsana, Morbi, Narmada, Navsari, Panchmahal, Patan, Porbandar, Rajkot, Sabarkantha, Surat, Surendranagar, Tapi, Valsad, Vadodara (Baroda)
The name of the main cities of Gujarat:
Ahmedabad, Adalaj, Adipur, Ahwa, Aithor, Alang, Ambaji, Aambaliyasan, Amod, Amreli, Anand, Ankleshwar, Anjar, Atul, Babra, Bagasara, Balasinor, Banaskantha, Bardoli, Baroda, Bayad, Bavla, Bechraji, Bhachau, Bharuch, Bhavnagar, Bhuj, Bilimora, Borsad, Botad, Chaklasi, Chanasma, Chhota Udepur, Chikhli, Chorvad, Chotila, Dahisara, Dahod, Dahegam, Dakor, Danta, Dang, Dediapada, Deesa, Devbhumi Dwarka, Dhanera, Dhandhuka, Dholera, Dhrangadhra, Dhoraji, Dhrol, Dharampur, Disa, Diu, Dwarka, Fatehganj, Gandhidham, Gandhinagar, Gir Somnath, Ghoghamba, Godhra, Gondal, Gozaria, Halol, Halvad, Hansot, Harij, Himmat Nagar, Idar, Jamjodhpur, Jamnagar, Jasdan, Jetalpur, Jetpur, Jambughoda, Junagadh, Kachchh, Kadi, Kalol, Kanjari, Kanodar, Kankrej, Karjan, Katargam, Keshod, Kheda, Khambhat, Kodinar, Kosamba, Koth, Kutiyana, Lakhtar, Lalpur, Lathi, Limdi, Lunawada, Mahisagar, Mahemdavad, Mahuva, Malpur, Mandvi, Mansa, Manavadar, Mangrol, Matar, Mehsana, Modasa, Morbi, Muli, Mundra, Nadiad, Nakhatrana, Naliya, Narmada, Naroda, Narol, Navsari, Okha, Olpad, Padra, Palanpur, Paliyad, Palitana, Panchmahal, Patan, Petlad, Pipavav, Porbandar, Prantij, Radhanpur, Rajkot, Rajpipla, Ranavav, Ranpur, Sabarkantha, Salaya, Samakhiali, Sanand, Santrampur, Savarkundla, Savli, Sayan, Shahera, Shihor, Sidhpur, Sikka, Sojitra, Songadh, Surat, Surendranagar, Sutrapada, Talaja, Talod, Tapi, Tarapur, Tharad, Thasra, Umreth, Una, Unjha, Upleta, Umergam, Vadnagar, Vadodara, Vaghodia, Vaav, Valsad, Vansda, Vapi, Veraval, Vijapur, Visnagar, Viramgam, Vyara, Wankaner, Zinzuwada,
Legal Words and Definition
Legal Help
Assistance provided to individuals or organizations in resolving legal issues or disputes through advice, representation, or legal actions.
Lawyer
A lawyer is a person who is professionally qualified and licensed to practice law. Lawyers represent clients in courts, provide legal advice, prepare documents, and help individuals or companies resolve legal disputes under the laws of India.
Lawyers
“Lawyers” is the plural of lawyer. It refers to a group of legal professionals practicing in various fields such as criminal law, civil law, corporate law, family law, property law, and constitutional law.
Advocate
An advocate is a legal professional enrolled under the Advocates Act, 1961, authorized to appear, plead, and act before any court of law in India. Advocates provide legal representation, file petitions, and argue cases before the judiciary.
Advocates
The plural form of advocate, referring to multiple qualified legal practitioners registered with the Bar Council of India or respective State Bar Councils, such as the Bar Council of Gujarat.
Barristers
A type of lawyer who specializes in courtroom advocacy and legal representation in higher courts.
Solicitors
Legal professionals who provide legal advice, draft documents, and represent clients outside of court.
Attorneys
Lawyers authorized to act on behalf of clients in legal matters, often used in the U.S. legal system.
Vakil
A historical term for a legal representative or lawyer, primarily used in British India.
Indian Lawyers
Indian Lawyers are law graduates or legal practitioners in India who offer legal counsel, draft legal documents, and may or may not be enrolled as advocates. While all advocates are lawyers, not all lawyers are advocates unless they’re registered with a State Bar Council under Indian law.
Indian Advocate
Indian Advocates are legal professionals enrolled under the Advocates Act, 1961, who are authorized to practice law in courts across India. They represent clients, provide legal advice, and appear in various forums, including trial courts, tribunals, and higher judiciary, including High Courts and the Supreme Court.
India
India, officially the Republic of India, is a sovereign country in South Asia. It is the world’s largest democracy and seventh-largest by area. India has a rich cultural heritage, a federal parliamentary system, and a comprehensive legal structure guided by the Constitution of India, adopted in 1950.
Law Firm
An organization of lawyers that provides legal services to clients in various areas of law.
Legal Consultant
A professional who provides expert legal advice on specific legal matters or issues.
Legal Advisor
An individual who advises clients on legal rights, obligations, and procedures.
Law Consultant
A person with expertise in law offering guidance on legal strategies and solutions.
Near Me
A phrase used to search for services or locations within close proximity.
Cheque
A cheque is a negotiable instrument instructing a bank to pay a specific amount from an account holder’s funds to a designated party.
Check
A Check is a term commonly used in American English instead of “Cheque” (which is more common in British English). It refers to a written, dated, and signed instrument that directs a bank to pay a specific sum of money to the bearer or a designated recipient from the drawer’s account. Checks are a common form of non-cash payment and are used for various financial transactions.
Criminal
Relating to actions deemed illegal and punishable under the law.
Civil
Pertaining to private rights, disputes, and obligations between individuals or entities.
Family
A group of related individuals, often considered the basic unit of society, with legal rights and responsibilities.
Property
Legal rights or interests in land, buildings, or possessions owned by an individual or group.
Matters
Issues or concerns that require legal or official attention.
Disputes
Conflicts or disagreements between parties that may require legal resolution.
Litigations
The process of resolving disputes through legal proceedings in a court of law.
Notice
A formal written communication to inform someone of a legal action or obligation.
Urgent
Requiring immediate attention or action due to its importance or seriousness.For Advocate Paresh M Modi’s legal services, this word emphasizes the need for swift legal assistance in critical cases like bail, court matters, and financial disputes.
Appeal
An “Appeal” is a legal process in which a party requests a higher court to review and change the decision of a lower court. It is a statutory right and allows the appellate court to re-examine the facts, evidence, and legal issues of the case. Unlike revision, an appeal may involve a full rehearing, and the appellate court can confirm, modify, or completely set aside the lower court’s judgment. Appeals are governed by specific provisions in civil and criminal laws, such as the Civil Procedure Code (CPC) and Criminal Procedure Code (CrPC).
Revision
In legal terms, “Revision” is the supervisory power of a higher court to examine the correctness, legality, or propriety of an order passed by a lower court. A revision is not a rehearing of the entire case, but a limited review to check whether the lower court committed any jurisdictional error, legal mistake, procedural irregularity, or miscarriage of justice. Revisional powers are generally exercised by High Courts or Sessions Courts under specific provisions such as Section 397–401 of the Criminal Procedure Code (CrPC) or equivalent civil laws, to ensure that lower courts act within the law.
Special Words That Reflect Excellence and Expertise in a Person or Work
Top
Referring to the highest-ranking or most reputable in a particular field or category.
Best
Signifying the most excellent, outstanding, or highly regarded among peers or competitors.
Expert
An individual with advanced knowledge, skill, and proficiency in a specific area or profession.
Experience
The knowledge or skills acquired over time through practice, work, or exposure in a particular field.
Famous
Widely known, recognized, and admired for achievements or expertise in a specific domain.
Specialist
A professional highly trained and focused on a specific field or area of expertise.
Legal Words and Definitions
Act
An Act is a formalized law passed by the legislature or parliament that governs specific areas, policies, or regulations. It serves as the legal framework for ensuring compliance and justice.
Section
A Section is a subdivision of an Act that elaborates on specific provisions, rules, or regulations under the Act. Each section addresses distinct aspects of the law.
Court
A Court is a judicial body empowered to resolve disputes, interpret laws, and deliver justice based on legal principles. Courts operate at various levels, including local, state, and national jurisdictions.
Case
A Case refers to a legal dispute brought before a court for resolution. Cases can be civil, criminal, or administrative in nature, depending on the type of legal issue involved.
In
The word in signifies location, position, or context within a specific legal jurisdiction, region, or topic.
For
For refers to the purpose or intention behind an action, often used to denote legal representation or services provided to clients.
Near
Near implies proximity, often used to locate services, courts, or legal professionals within a specific area.
Near Me
Near Me is a phrase frequently used in searches to find nearby services, such as lawyers, courts, or legal assistance within a user’s location.
Ahmedabad
Ahmedabad is a prominent city in Gujarat, India, known for its legal hubs, courts, and skilled lawyers handling a wide range of cases.
Gujarat
Gujarat is a state in western India with a robust legal framework and multiple courts addressing various civil, criminal, and corporate cases.
Gandhinagar
Gandhinagar is the capital city of Gujarat, hosting significant legal institutions and administrative offices.
Maharashtra
Maharashtra is a state in western India, home to major legal centers like Mumbai, handling diverse cases across all fields of law.
India
India is a country with a vast legal system governed by the Constitution and various laws, hosting multiple courts from district to Supreme Court levels.
ED
The Enforcement Directorate (ED) is a law enforcement agency in India responsible for enforcing economic laws and combating financial crimes, such as money laundering.
DRI
The Directorate of Revenue Intelligence (DRI) is India’s chief anti-smuggling agency, focusing on customs-related violations and economic crimes.
CVC
The Central Vigilance Commission (CVC) is an autonomous body in India aimed at preventing corruption in government institutions and maintaining integrity in public administration.
SEBI
The Securities and Exchange Board of India (SEBI) is a regulatory body responsible for protecting investors and regulating the securities market in India.
FEMA
The Foreign Exchange Management Act (FEMA) is an Indian law regulating foreign exchange transactions to facilitate external trade and payments.
NDPS
The Narcotic Drugs and Psychotropic Substances (NDPS) Act is a law in India aimed at regulating and prohibiting drug trafficking, consumption, and production.
NCB
The Narcotics Control Bureau (NCB) is India’s apex drug law enforcement agency responsible for combating drug trafficking and the abuse of illegal substances under the NDPS Act.
Law
Law refers to the system of rules and regulations established by a government or legislative authority to maintain order, protect rights, and deliver justice. It governs the conduct of individuals, organizations, and the state, ensuring fairness and discipline in society.
Lawyer
A lawyer is a person who is professionally qualified and licensed to practice law. Lawyers represent clients in courts, provide legal advice, prepare documents, and help individuals or companies resolve legal disputes under the laws of India.
Lawyers
“Lawyers” is the plural of lawyer. It refers to a group of legal professionals practicing in various fields such as criminal law, civil law, corporate law, family law, property law, and constitutional law.
Advocate
An advocate is a legal professional enrolled under the Advocates Act, 1961, authorized to appear, plead, and act before any court of law in India. Advocates provide legal representation, file petitions, and argue cases before the judiciary.
Advocates
The plural form of advocate, referring to multiple qualified legal practitioners registered with the Bar Council of India or respective State Bar Councils, such as the Bar Council of Gujarat.
Vakil
The term Vakil is a traditional Indian term for “lawyer” or “advocate.” Historically, vakils represented clients in colonial courts. Today, it remains a popular word in Indian languages for a practicing legal professional.
Barrister
A barrister is a lawyer who has completed specialized legal training, often in the United Kingdom, and is entitled to plead in higher courts. In India, barristers are advocates who have studied law abroad and returned to practice under Indian law.
Attorney
An attorney is a person appointed to act on behalf of another in legal or business matters. The term is often used in contexts like Power of Attorney or Attorney at Law. In India, the term “advocate” is more commonly used for licensed practitioners.
Solicitor
A solicitor is a legal professional who handles legal documentation, client counseling, and corporate compliance work. In some countries, solicitors do not appear in higher courts but prepare cases for advocates or barristers. In India, the term is used mainly in corporate and transactional legal services.
FIR (First Information Report)
An FIR is the first step in a criminal investigation. It is a written document prepared by the police when they receive information about the commission of a cognizable offense. Filing an FIR sets the criminal justice process in motion.
Crime Branch
The Crime Branch is a specialized wing of the State Police Department responsible for investigating serious crimes such as murder, kidnapping, cyber fraud, and organized crime. It functions under the supervision of senior police officers.
LCB (Local Crime Branch)
LCB stands for Local Crime Branch. It operates within the district-level police department and investigates serious local criminal offenses, including fraud, theft, and property-related crimes.
Offense
An offense is an act or omission that violates the law and is punishable under various Indian Penal Laws such as the Bhartiya Nyay Sanhita, 2023 (replacing IPC). Offenses are categorized as cognizable or non-cognizable, bailable or non-bailable.
Economic Offense
Economic offenses are crimes involving financial fraud or economic manipulation that harm the financial stability of individuals or the nation. Examples include money laundering, bank fraud, tax evasion, and corporate frauds. Such cases are often investigated by agencies like the ED, CBI, or EOW.
Fraud
Fraud refers to the act of deceiving someone for unlawful gain. It includes cheating, false representation, and financial manipulation. Fraud cases may fall under sections of the Bhartiya Nyay Sanhita (BNS), PMLA, and IT Act.
Ponzi Scheme
A Ponzi scheme is a fraudulent investment scam that pays returns to earlier investors using the capital of new investors rather than legitimate business profits. Such schemes are illegal under Indian law and fall under SEBI, Economic Offences Wing (EOW), and PMLA investigations.
Application
In legal terms, an application is a written request filed before a court, tribunal, or authority seeking a specific legal relief or order. Common examples include bail applications, stay applications, or interim relief applications.
Money
Money refers to currency or financial assets that are often central in disputes, financial frauds, and economic offenses. In legal contexts, the term is linked to monetary claims, compensation, or recovery proceedings.
Money Laundering
Money laundering is the illegal process of taking money earned from criminal activities (such as fraud, corruption, drug trafficking, cybercrime, tax evasion, etc.) and making it appear legal. It hides the true source of the money by passing it through a series of financial transactions, businesses, bank accounts, or foreign transfers. The goal is to convert “dirty money” into “clean money” so that criminals can use it without attracting law-enforcement attention. Legally, in India, money laundering is defined and punished under the Prevention of Money Laundering Act (PMLA), 2002, which criminalizes dealing with “proceeds of crime.”
SOG (Special Operations Group)
The Special Operations Group is a specialized police unit in many Indian states, including Gujarat. It handles sensitive and high-profile criminal cases, organized crime, terrorism-related investigations, and cybercrime operations.
NIA (National Investigation Agency)
The National Investigation Agency is India’s premier counter-terrorism and national security investigative agency. It handles cases related to terrorism, explosives, cross-border crimes, and offenses under special acts like the UAPA.
CBI (Central Bureau of Investigation)
The CBI is India’s top investigating agency under the Department of Personnel and Training (DoPT). It investigates corruption, economic crimes, major frauds, and high-profile criminal cases across India.
ACB (Anti-Corruption Bureau)
The Anti-Corruption Bureau investigates corruption cases against government officials and public servants. It handles trap cases, disproportionate asset investigations, and bribery-related offenses.
PMLA (Prevention of Money Laundering Act, 2002)
The PMLA is a central legislation enacted to prevent money laundering and confiscate property derived from such offenses. The Enforcement Directorate (ED) investigates cases under this Act, and offenses are adjudicated by the PMLA Appellate Tribunal and courts.
CID (Criminal Investigation Department)
The CID is the state-level crime investigation department that handles serious criminal cases like murder, kidnapping, fraud, forgery, and financial crimes. It operates under the Director General of Police (DGP) and assists in major state investigations.
District Court
A court at the district level that handles civil and criminal cases, serving as an appellate court for subordinate courts.
Sessions Court
A higher court for criminal trials, dealing with serious offenses like murder, theft, and financial fraud under Indian law.
High Court
A state-level court with appellate jurisdiction over civil and criminal cases and powers to interpret constitutional matters.
Gujarat High Court
The Gujarat High Court is the highest court of the State of Gujarat, with its principal seat at Sola, Ahmedabad. It was established on 1 May 1960 under the Bombay Reorganization Act, 1960, when Gujarat was carved out of the erstwhile Bombay State. It exercises jurisdiction over all civil, criminal, constitutional and administrative matters arising within Gujarat, and has supervisory powers over all subordinate courts in the state under the Constitution of India.
Supreme Court
The Supreme Court is the apex judicial authority in India, handling constitutional matters and appeals against High Court judgments.
Contact Advocate Paresh M Modi
Mobile: +91 9925002031 (Only WhatsApp sms – Timing 9 am to 9 pm)
Office Landline: +91-79-48001468 (For Appointment Only – Timing 10.30 am to 6.30 pm – On Working Days)
Email: advocatepmmodi@gmail.com
Website: www.advocatepmmodi.in
Office Address: Office No. C/112, Supath-2 Complex, Opp. Kohinoor Plaza Hotel, Near Old Wadaj Bus Stand, Ashram Road, Ahmedabad – 380013, Gujarat, India.
