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Indian legal system is yet to travel miles to reach a mark of evolution. Until then, the situation for NRI’s may remain troublesome. Threatening and blackmailing NRI’s with false criminal cases is a norm in India. Sad enough, most of such practices are carried out by their own family members, relatives, and confidantes – to satisfy their streak of sadism or vengeance, or to deter them from returning to India. Under a grab of threat of false prosecution, NRI’s look away from the country and their ancestral and self-acquired properties in India are plundered by the perpetrators. Sitting far from home without dependable legal support only adds to their misery.
- Implicating NRIs under false criminal charges is a common practice in Punjab and Haryana region. The practice is carried out (mostly in nexus with the authorities) to create a blackmail like situation for the NRIs and make them bow down to inordinate demands and lopsided compromises.
- Without proper service of notice, NRIs are often declared Proclaimed Offender and Look Out circulars are issued at the airports in their name along with the warrants to arrest. NRI’s are often taken by a shock on their return to India when they are detained at the airport on arrival and told that they have criminal charges pending against them.
- Various Referral Services misguide NRI’s into hiring unprofessional legal representatives, lawyers and SPA (Special Power of Attorney) for commission, and not only dupe NRIs for huge amounts of money but also have their cases terribly destroyed.
In such a situation, it is obvious that a person’s faith in reasonability of the Indian Legal System is shattered. The legal scenario demands revolutionary measures to be adopted to strongly deal with the menace of false litigation.
At NRILegal.in, our Criminal Defense Advocates for NRI maters work with great professional zeal and discipline. An effective management ensures that complete transparency and communication is maintained with the NRI client to build on a cordial professional relationship. Work Protocols are stringently observed to bring respite to the litigants. The counsels are renowned for practicing ethically and instead of making false, fruity and vague promises, they show results by spending energies and intellect in decoding client matters and getting them the due justice by taking the right path.
How to Defend Against False FIR/ Criminal Case?
Pro-activeness is the best approach in legal matters. Sleeping over a legal issue and hoping for resolution is the sweetest lie one can give to themselves, especially, if it is a criminal matter. Nor does eloping and evading helps.
If you’re innocent, have your matter evaluated on merits and know about the available legal recourses at your disposal. Deploy the ones which seem the most plausible and rational.
Have you matter evaluated by our experienced criminal lawyers in Chandigarh:
Based on the evaluation, adopt a recourse and pursue it effectively. As a matter of fact, most false criminal cases have concoctions at their base and no reasonable evidence is called upon by the police authorities while framing the case. Complainant’s oral testimony is relied upon and made basis to lead prosecution, often vague materials are taken into consideration as ‘evidence’ to somehow pull-out justification for framing a case against the accused. Such practices are abominable and must be condemned. In absence of a prima facie evidence, a case cannot legally be made out against any person and, therefore, a strong representation to that effect is required to defend the accused in solidarity. When counter facts and evidence are submitted to rebut complainant’s version, the chances of police authority proceeding with false and decisive action reduce because a lopsided action otherwise can bring them under questioning.
If facts are distorted and a case is made, then immediate judicial intervention of higher courts may be required. In cases where abhorrently false FIR is made and accused is frivolously roped in criminal charges, a quashing of FIR can be sought form the State High Court.
Learn how a false FIR can be quashed?
Defending a Criminal Trial
If a prima-facie case is made out and the charges are framed, the accused still has a right to demand a fair trial by pleading not-guilty on the charges. A trial then ensues and defending these charges framed requires in-depth knowledge of criminal law and procedural nuances relating to the law of evidence, testimonies & witnesses, cross-examination etc. A legal trial indeed demands cogent arguments, ingenious lawyer, and exemplary court-craft.
Legal Remedies and Recourses
- Case Study and Analysis
- Quashing of FIR
- Anticipatory Bail/ Regular Bail
- Suspension of Sentence
- Revision (CRM)
- Criminal Defense & Trial
- Cancellation of PO (Proclaimed Offender) Orders.
- Criminal Appeal
- Special Leave Petition
Nature of Charges
- Unlawful Assembly
- Rioting and Affray
- Public Nuisance
- Criminal Defamation
- Cases of Hurt and Grievous Hurt
- Abduction, Kidnapping
- Murder, Homicide, Attempt to murder
- Rape, Attempt to rape
- Intimidation and Threat
- Wrongful Restraint
- Narcotic and Drug Trafficking (cases under the NDPS Act)
- Criminal breach of Intellectual Property Rights and Cyber Law.
- Cases related to Criminal Breach of Trust
- Juvenile Justice Act.
- Proclaimed offender
- Pleading General Exceptions or Defenses
- Pleading a right to Self Defense
- Cheque Dishonor/ Cheque Bounce – Section 138 Negotiable Instrument Act
- Cruelty against a woman under section 498-A IPC
- Charges of Attempt
- Charges of Abetment and Conspiracy
- Human Trafficking
- Charges of Common Intention
- Outraging the modesty of a woman
- Breach of Trust
- Misappropriation of Funds
- Financial Institution/ Bank Fraud
- White-Collar Crime
- Corruption Charges and cases under the Prevention of Corruption Act
Exigent Matters Pertaining to
- Central Bureau of Investigation (CBI)
- Narcotics Control Bureau
- Vigilance Department
Criminal Defense Advocates for NRI
The NRI criminal defense team comprise of renowned, exhaustively experienced and ethical criminal lawyers of Chandigarh who extend cogent arguments and have proven their intellectual might in complex criminal law matters of NRIs pertaining to above mentioned criminal charges. To efficiently function, the firm deploys role division and protocols. Researchers, draftsmen, and orators play a crucial role in development of every case and each point is tested by a mock trial to inspect its merit. Wherever possible, the best legal recourses are adopted so as to reduce the burden of the NRI client in to and fro travels.