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100 Criminal Law FAQs Every Indian Should Know Before Filing or Defending a Criminal Case

 

100 Criminal Law FAQs Every Indian Should Know Before Filing or Defending a Criminal Case

FAQ 101

Q. What is an FIR?
A. An FIR (First Information Report) is the first information recorded by the police regarding a cognizable offence.

FAQ 102

Q. What is a cognizable offence?
A. It is an offence in which the police can register an FIR and investigate without prior court permission.

FAQ 103

Q. What is a non-cognizable offence?
A. It is an offence where police generally require the Magistrate's permission to investigate.

FAQ 104

Q. Can police refuse to register an FIR?
A. In appropriate cases involving cognizable offences, refusal can be challenged before higher authorities or the Magistrate.

FAQ 105

Q. Can an FIR be lodged online?
A. Many States provide online FIR or e-FIR facilities for specified offences.

FAQ 106

Q. What is Zero FIR?
A. A Zero FIR can be registered at any police station irrespective of jurisdiction and later transferred.

FAQ 107

Q. What is anticipatory bail?
A. It is pre-arrest bail granted by a competent court to protect a person from arrest.

FAQ 108

Q. What is regular bail?
A. Bail granted after arrest to secure release during investigation or trial.

FAQ 109

Q. What is interim bail?
A. Temporary bail granted for a limited period pending final hearing.

FAQ 110

Q. Who can apply for bail?
A. Any accused person entitled under law may apply through the appropriate legal procedure.

FAQ 111

Q. Can bail be cancelled?
A. Yes, if bail conditions are violated or other legal grounds exist.

FAQ 112

Q. What is police remand?
A. Custody granted to police for investigation for the period permitted by law.

FAQ 113

Q. What is judicial custody?
A. Custody under the supervision of the court where the accused is lodged in jail.

FAQ 114

Q. Can police arrest without warrant?
A. Yes, in circumstances permitted by law.

FAQ 115

Q. What are the rights of an arrested person?
A. Rights include legal representation, information regarding grounds of arrest and production before the Magistrate within the prescribed time.

FAQ 116

Q. What is a charge sheet?
A. It is the final police report submitted after investigation.

FAQ 117

Q. What is closure report?
A. It is a police report stating insufficient evidence or other reasons for closing investigation.

FAQ 118

Q. Can a closure report be challenged?
A. Yes, before the competent court.

FAQ 119

Q. What is criminal complaint?
A. A complaint filed before the Magistrate seeking criminal action.

FAQ 120

Q. What is summoning of accused?
A. The court directs the accused to appear before it.

FAQ 121

Q. What is warrant?
A. A written order authorizing arrest or specified action.

FAQ 122

Q. What is bailable offence?
A. An offence where bail is ordinarily available as a matter of right under law.

FAQ 123

Q. What is non-bailable offence?
A. An offence where bail is granted at the court's discretion.

FAQ 124

Q. What is quashing of FIR?
A. Proceedings seeking cancellation of an FIR before the High Court on legal grounds.

FAQ 125

Q. Can criminal proceedings be quashed after settlement?
A. Depending on the nature of the offence and judicial discretion, it may be possible.

FAQ 126

Q. What is compounding of offence?
A. Settlement of specified offences permitted by law.

FAQ 127

Q. What is plea bargaining?
A. A statutory mechanism for negotiated resolution in eligible criminal cases.

FAQ 128

Q. What is criminal intimidation?
A. Threatening a person with injury to cause alarm or compel action.

FAQ 129

Q. What is cheating?
A. Dishonest inducement causing wrongful loss or gain.

FAQ 130

Q. What is criminal breach of trust?
A. Dishonest misuse or misappropriation of entrusted property.

FAQ 131

Q. What is forgery?
A. Making a false document with intent to cause damage or fraud.

FAQ 132

Q. What is extortion?
A. Obtaining property by putting someone in fear of injury.

FAQ 133

Q. What is robbery?
A. Theft or extortion accompanied by violence or fear.

FAQ 134

Q. What is dacoity?
A. Robbery committed by five or more persons acting together.

FAQ 135

Q. What is theft?
A. Dishonest removal of movable property without consent.

FAQ 136

Q. What is house trespass?
A. Unauthorized entry into property with criminal intent.

FAQ 137

Q. What is assault?
A. Act creating apprehension of criminal force.

FAQ 138

Q. What is criminal force?
A. Intentional use of force without consent to commit an offence.

FAQ 139

Q. What is hurt?
A. Causing bodily pain, disease or infirmity.

FAQ 140

Q. What is grievous hurt?
A. Serious bodily injury recognized under criminal law.

FAQ 141

Q. What is wrongful restraint?
A. Preventing a person from proceeding in a lawful direction.

FAQ 142

Q. What is wrongful confinement?
A. Illegally restricting a person's movement within boundaries.

FAQ 143

Q. What is kidnapping?
A. Taking or enticing a person away in circumstances prohibited by law.

FAQ 144

Q. What is abduction?
A. Compelling or inducing a person to move from one place to another by force or deceit.

FAQ 145

Q. What is criminal conspiracy?
A. Agreement between persons to commit an illegal act.

FAQ 146

Q. What is abetment?
A. Instigating, aiding or conspiring in commission of an offence.

FAQ 147

Q. What is attempt to commit offence?
A. Direct act towards commission of an offence that falls short of completion.

FAQ 148

Q. Can criminal cases be settled privately?
A. Only certain offences are compoundable under law.

FAQ 149

Q. What is evidence in criminal cases?
A. Oral, documentary or electronic material produced before court.

FAQ 150

Q. Is electronic evidence admissible?
A. Yes, subject to statutory requirements.

FAQ 151

Q. What is witness examination?
A. Recording testimony before the court.

FAQ 152

Q. What is cross-examination?
A. Questioning of a witness by the opposite side.

FAQ 153

Q. What is hostile witness?
A. A witness permitted by court to be cross-examined by the party calling him.

FAQ 154

Q. What is confession?
A. Admission of guilt subject to evidentiary rules.

FAQ 155

Q. What is dying declaration?
A. Statement made by a person regarding cause of death under specified circumstances.

FAQ 156

Q. Can police force a confession?
A. No. Coercion is prohibited by law.

FAQ 157

Q. What is discharge of accused?
A. Court terminates proceedings where sufficient grounds are absent.

FAQ 158

Q. What is framing of charge?
A. Formal accusation by the court before trial.

FAQ 159

Q. What is acquittal?
A. Finding that the accused is not guilty.

FAQ 160

Q. What is conviction?
A. Judicial finding of guilt.

FAQ 161

Q. Can conviction be appealed?
A. Yes, before the appropriate appellate court.

FAQ 162

Q. Can acquittal be challenged?
A. Yes, through legal remedies available under law.

FAQ 163

Q. What is revision petition?
A. Supervisory jurisdiction exercised by higher courts over subordinate courts.

FAQ 164

Q. What is criminal appeal?
A. Challenge against conviction, sentence or specified orders.

FAQ 165

Q. What is sentence suspension?
A. Temporary suspension of sentence pending appeal.

FAQ 166

Q. What is probation?
A. Release under supervision instead of imprisonment in eligible cases.

FAQ 167

Q. What is parole?
A. Temporary release from prison under prescribed conditions.

FAQ 168

Q. What is furlough?
A. Periodic leave granted to eligible prisoners.

FAQ 169

Q. What is victim compensation?
A. Monetary assistance under applicable victim compensation schemes.

FAQ 170

Q. Can victims seek compensation in criminal cases?
A. Yes, subject to statutory provisions.

FAQ 171

Q. What is cyber crime?
A. Crime involving computers, networks or digital technology.

FAQ 172

Q. What is online fraud?
A. Fraud committed through digital platforms.

FAQ 173

Q. What should I do after online fraud?
A. Immediately report the incident and preserve evidence.

FAQ 174

Q. What is identity theft?
A. Unauthorized use of another person's identity.

FAQ 175

Q. What is financial fraud?
A. Dishonest acts causing unlawful financial loss.

FAQ 176

Q. What is money laundering?
A. Process of concealing proceeds of crime.

FAQ 177

Q. What is white-collar crime?
A. Financial or corporate crime committed for economic gain.

FAQ 178

Q. Can directors face criminal prosecution?
A. Yes, depending upon statutory liability and facts.

FAQ 179

Q. What is economic offence?
A. Offence affecting financial or economic systems.

FAQ 180

Q. What is prosecution?
A. Conduct of criminal proceedings against an accused.

FAQ 181

Q. What is defence lawyer?
A. Advocate representing the accused.

FAQ 182

Q. What is public prosecutor?
A. Government lawyer conducting criminal prosecution.

FAQ 183

Q. Can private counsel assist prosecution?
A. In certain circumstances, subject to court permission.

FAQ 184

Q. What is legal aid?
A. Free legal assistance available to eligible persons.

FAQ 185

Q. Who can claim legal aid?
A. Eligible persons as specified under legal services laws.

FAQ 186

Q. What is witness protection?
A. Measures to safeguard witnesses from threats.

FAQ 187

Q. What is NBW?
A. Non-Bailable Warrant issued by a court.

FAQ 188

Q. What is Bailable Warrant?
A. Warrant allowing release on furnishing bail.

FAQ 189

Q. What is proclamation?
A. Court declaration requiring appearance of an absconding accused.

FAQ 190

Q. What is attachment of property?
A. Legal seizure or restriction over property.

FAQ 191

Q. Can passport be impounded in criminal cases?
A. Subject to statutory provisions and judicial orders.

FAQ 192

Q. Can Look Out Circular be challenged?
A. Yes, before appropriate authorities or courts.

FAQ 193

Q. Can criminal records affect employment?
A. Depending on circumstances, they may have legal or practical consequences.

FAQ 194

Q. Can compromise end all criminal cases?
A. No, serious offences may continue despite settlement.

FAQ 195

Q. How long does a criminal trial take?
A. Duration depends on complexity, evidence and court workload.

FAQ 196

Q. Why is timely legal advice important in criminal matters?
A. Early legal intervention can significantly protect rights and defence.

FAQ 197

Q. Should I sign police statements without understanding them?
A. It is advisable to understand the contents and obtain legal guidance.

FAQ 198

Q. Can WhatsApp chats be evidence?
A. Yes, subject to admissibility requirements.

FAQ 199

Q. What should I do immediately after receiving a criminal notice or summons?
A. Consult a criminal lawyer promptly and respond through proper legal channels.

FAQ 200

Q. When should I hire a criminal advocate?
A. At the earliest stage of investigation, notice, FIR or criminal complaint.


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100 Criminal Law FAQs in India | FIR, Bail, Arrest, Criminal Cases Guide

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