Criminal Statutes governs crimes in Indian Legal system, which includes felonies and misdemeanors. Offences committed against the State is considered as Crimes and it must be proved beyond the reasonable doubt. Criminal laws in India are divided in three major statues viz (1) Indian Penal Code (2) Criminal Procedure Code (Cr.P.C.) & (3) Indian Evidence Act.
Indian Penal Code is statues explaining the crime and punishment for the same. Criminal Procedure Code explain the process through which the criminal laws are enforced. Indian Evidence Act is important for describing the process for leading evidence before court of law and proving the cases with the detail procedures to collect the evidence.
For instance, the law prohibit murder and the same is punishable with Imprisonment for Life or even upto death penalty, hence it is substantive criminal law and the procedures, which state follows to enforce this law by gathering of evidence is generally considered as procedure.
Any person, regardless of their citizenship, can be arrested by Indian authorities if they are suspected of committing a crime or violating the laws of India. This could include people who are not citizens of India, such as foreign nationals, if they are suspected of breaking the law.
To initiate the criminal justice, police may register FIR (First Information Report). It is a written document prepared by the police authorities, when they receive information about the commission of a cognizable offence. If offence is non-cognizable, NCR is registered. It is generally a complaint lodged with the police department by the victim of offence or by someone on his/her behalf or some third person can also lodge FIR is he or she is in knowledge of cognizable offence. It is important document as it sets the criminal process in motion. After registration of FIR, the police take up investigation of the case and initiate the process. Several other departments of state such as Forest Department, Custom department, Air Intelligence Unit, the Directorate of Revenue Intelligence (DRI) do not register FIRs, but they do have the authority to apprehend a person immediately if they have received any complaint. They also have the authority to regulate investigations and take necessary legal action against the person.
A Bailable offence is one in which the accused person has the right to be released on bail, i.e., by furnishing a bail bond and two sureties. Whereas, in a non-bailable offence, the accused does not have the right to be released on bail and he/she has to remain in custody until the case is decided by the court.
Yes, non-citizens (Foreign nationals and NRI’s) can get bail under Indian law. However, the court will consider various factors such as the nature and seriousness of the offence, the amount of time the person has been in India, the person’s ties to India, the person’s financial resources, and the person’s risk of fleeing the country, among other factors, before granting bail.
If a foreigner finds themselves in a legal predicament in India, the first step is to seek legal advice and assistance from the Indian Legal Help (ILH) team. The team will provide guidance about the situation and determine the most appropriate course of action for the foreigner. In some cases, the ILH team may also assist in contacting local law enforcement authorities or other relevant authorities, and for further action, they may even visit the concerned authorities or court on behalf of the foreigner.
At ILH, we offer expert legal advice and representation to foreign nationals. Our team will help you understand your rights, the charges against you, and the potential outcomes of your case. We work with you to ensure that your rights are protected throughout the legal process, from the initial questioning and investigation to the court proceedings. We are committed to ensuring that you receive a fair trial and will do our best to ensure that you get the best possible outcome.
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