Best Criminal Lawyers in Gurgaon

 Why Choose RCIC to handle your case?

RCIC, a leading criminal law firm in Gurgaon, specializes in handling criminal law litigation, offering systematic work in a timely manner. Their team of lawyers is well-versed in various aspects of criminal litigation, including legal research, drafting, procedure under CRPC, evidence collection, and substantive laws such as IPC, Cyber laws, Juvenile Justice, economic offences, and white collar crimes.

RCIC's areas of specialization include bail, fIR & complaints, appeals, and revisions. They specialize in various offenses affecting the body, such as murder, attempted murder, harassment, stalking, domestic violence, property theft, robbery, theft, fraud, theft, and domestic violence.

RCIC also handles other criminal laws, such as the Prevention of Corruption Act, juvenile justice Act, narcotics and drug violations, immoral traffic (prevention) act, arms act, electricity theft, maintenance claims, contempt of courts act, cheque boycott, criminal proceedings under Section 138 of the Negotiable Instruments Act, economic offenses, SEBI Act, FEMA, cyber crimes, fraudulent financial transactions, and online stalking.

To meet the ends of justice in criminal law cases, it is essential to seek timely remedies. The firm's expert team of lawyers has a complete knowledge of both procedural and substantive laws. They offer advice and assistance on filing criminal complaints under sections 154, CrPC, and 156(3) or 200, CrPC before the Judicial Magistrate, plea for fair and impartial investigation, investigation of prosecution evidence, defense evidence, challenging evidence, and cross examination of witnesses.

Criminal litigation is a complex process that involves various steps, including evaluating evidence, filing applications, petitions, and obtaining evidence. Evidence in criminal litigation includes statements from police officers, magistrates, defense and prosecution witnesses, books of accounts, circumstantial evidence, and other documents and electronic evidence. The process involves preparing cross-examinations of witnesses and arguing important aspects of criminal litigation, such as bail applications.

There are three types of bail: 

Regular bail - Regular bail can be filed under Section 437 and 438 of CRPC, granted to the person who remains in police custody after arrest.

Interim bail -  Interim bail is granted before the grant of actual bail

Anticipatory bail - Anticipatory bail is filed before arrest when the person suspects they will be arrested.

RCIC, a best criminal law firm in Gurgaon, advises clients on the appropriate bail application and advocates for their best interests. Plea bargaining is a bargaining for a lower punishment, only applicable for offenses with a punishment up to 7 years. This provision was added in CRPC to ensure a speedy trial.

An accused must be aware of their rights at each stage of the criminal justice system, as they are presumed innocent until proven guilty. At the time of arrest, the accused has certain rights, including the right to know the grounds of arrest, humane treatment, the right to file an application for bail, the right to be produced before a magistrate within 24 hours, the right to be informed about the arrest, and the right of accused women to be arrested before sunrise and after sunset.

RCIC also advises clients on the applicability of writs if their fundamental rights have been violated, such as the writ of Habeas Corpus when their whereabouts are unknown. Overall, criminal litigation is a complex and multifaceted process that requires careful consideration and legal representation.

In conclusion, RCIC is a best criminal law firm in Gurgaon, specializing in handling criminal law litigation, ensuring timely remedies, and handling various technicalities involved in divorce cases.

Protection of Women from Domestic Violence Act, 2005: A Critical Study

Protection of Women from Domestic Violence Act, 2005: A Critical Study

A woman who is responsible for the new beginnings of creatures is generally subjected to violence. Domestic violence is a global phenomenon and constitutes a major human rights problem. The United Nations Committee on Convention of Elimination of all forms of Discrimination Against Women (UNCCEDAW) in its general recommendation stated that state parties should act to protect women against violence of any kind especially occurring within the family.

Domestic violence manifests as verbal, physical, or psychological abuse within the family. In India statistics reveal that about 45% of married women undergo physical or psychological violence. What is pathetic about domestic violence is that women facing it are brutally helpless.  In India, it was recognized as a crime in the 1980’s sec 498A and 304B of IPC. In 1984 Evidence act was amended.

These changes didn’t protect women. Hence, the Protection of Women from Domestic Violence Act, 2005 (PWDVA) was passed and enforced on 26 October 2006, finding its origin from the Act lies in Article 15 (2) of the Constitution of India. The PWDVA is a civil law providing relief to the woman who faces violence at home. It has certain crossovers from civil to criminal law so criminal law will start when the protection order or Magistrate’s order is violated.

The objective of the act is to provide:

• For more effective protection of rights generated under the constitution.
• Protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in-partners or their relatives.
• Protection to children who are tormented or tortured.

It was for the first time in Indian law; Domestic violence has been defined in the act u/s 3. It is a comprehensive definition including women’s experience of abuse and includes not only physical violence but also other forms of violence such as emotional /verbal, sexual, and economic abuse.

The act has taken care of the necessity for appointment of protection officers by the State Government who will aid and assist the aggrieved women in getting relief and justice.

According to the prevailing custom, a woman after her marriage relinquishes her rights over her parental house. She totally depends on the wishes of her husband or any other members of the family who own the house.

• The act lays down important rights of women:
• Right to services of protection officers.
• Women’s right to reside in the shared household. 
• Right to alternate accommodation if required.
• Right of the woman to live in a home free from violence.

Remedies available under this act:

The reliefs under the Act are in addition to existing laws without making any changes in the existing personal law regime on family matters. A woman can go for relief under other laws later after obtaining under the act.

• Residence orders (sec19)

• Protection orders (sec18)

• Monetary reliefs (sec20)

• Custody orders (sec21)

• Compensation orders (sec22)

Domestic violence is in violation of the Indian constitution and against human rights. Everyone should understand that women are not an object but an individual whose presence should be cherished.

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