Advice on Criminal Law

The advice in criminal law from the expert of a panel of experienced lawyers. Key features of our advice:

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Legal advice in Criminal Law

Embezzlement of paid electricity bills

Complaints regarding embezzlement of paid electricity bills were made by consumers in the division office of the electricity board against lower class employees. Statements of consumers were recorded in the division office. After that an FIR was lodged against the...

Fee for FIR: Do I have to pay any fee for lodging FIR?

Section 154 of the Code of Criminal Procedure 1973 provides a procedure for lodging an FIR. There is no fee or charge for FIR (first information report) of a cognisable offence. The officer incharge of the police station shall record the information about a cognisable...

Illegal custody for breach of peace

Section 151 of the Code of Criminal Procedure empowers the police officer to arrest a person on the suspicion of commencement of cognisable offence. If there is no reasonable ground for suspicion but police has arrested a person under section 151, such an arrest is illegal and state government shall compensate the arrested person.

Ex-boyfriend sending obscene messages to my husband

Sending obscene messages or lascivious materials in electronic form is an offence under Section 67 of the Information Technology Act 2008. The recipient of such an indecent messages should lodge an FIR against the person who is sending those messages. Those messages are itself sufficient to prove the culpability.

My girlfriend cheated me and extorted money

Deception and threat or fear of any injury are the principal ingredients of cheating and extortion respectively. If a boyfriend has gifted a laptop, mobile, jewelry or any other article to his girlfriend in love and affection then he cannot say that he has been cheated or extorted by his girlfriend. Breakup of friendship does not render the girlfriend liable for the offence of cheating or extortion.

Police officer refused to lodge FIR and told to file a complaint

Officer in charge of the police station cannot force the informant to file a complaint instead of a first information report (FIR). Section 154 of the Code of Criminal Procedure does not give such a power to the police officer. The police have no other option except to lodge FIR if the information discloses cognisable offence.

Can a person who is convicted for 7 years in jail be a witness to any crime?

Convicted person would be a competent witness under Section 118 of the Indian Evidence Act. If a convicted person has the ability to understand the question put to him and to give its rational answer then he is a competent witness. His conviction does not bar him from becoming a witness of fact in a criminal trial if he has the personal knowledge of the relevant fact.

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On a scale of 0-10, I would rate the consultancy provided at 10. Mr. Shivendra was extremely patient in all the discussions and proactively sought all the details to provide appropriate guidance. Further, his advice were crisp and to the point which helped me identify clear path of action. His guidance mellowed down my anxiety and reinstated my confidence on fair trial and judiciary system. I would definitely recommend him and kanoonirai in my friend circle.
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Gurugram, Haryana

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Patna, Bihar