SHKM represents clients on all types of criminal cases across the country. We have an effective team and network of lawyers around the country. SHKM has association of advocates from District Courts to High Court and to Supreme Court.
We represent our clients in:
Supreme Court.
High Courts.
District and Session Courts.
Areas of criminal litigation:
• Criminal Complaints under 156/3 Cr P C
• Domestic Violence
• Bank/Financial Institutions Fraud and Forgery
• Violation of Intellectual Property Rights /Cyber Laws
• Piracy
• Criminal Writs
• Bails
• Trial,
• Defense,
• Drugs and Narcotic Laws NDPS,
• Dishonor of Cheque Section 138 Negotiable Instrument Act,
• Cyber law Litigation : Information Technology Laws IT Act,
• Defamation Litigation, Defamation Slander and Liable
• Crime against Women’s, POCSO Act,
• Crime against Child,
• Juvenile Justice Act,
• Economic Offences,
• Prevention of Money Laundering Act PMLA,
• Custom and Excise Laws,
• Quashing of FIR
• Criminal Breach of Trust
• Cheating
• FEMA violation
• Narcotics and Drugs violations
• Bails
• Trial
• Evidence
• Suspension of Sentence
• Appeals
• Revisions
Criminal Law Cases:
Our team Practices in following matters listed below along with definition and descriptions of few important laws.
a. Bail: Courts have greater discretion to grant or deny bail in the case of persons under criminal arrest, e.g., it is usually refused when the accused is charged with homicide. What is contemplated by bail is to "procure the release of a person from legal custody, by undertaking that he/she shall appear at the time and place designated and submit him/herself to the jurisdiction and judgment of the court."
b. Trial: Meaning of Trial: The two main types of trials are civil trials and criminal trials. Civil trials resolve civil actions, which are brought to enforce, redress, or protect private rights. In general, all types of actions other than criminal actions are civil actions. In a criminal trial, a person charged with a crime is found guilty or not guilty and sentenced or not. The government brings a criminal action on behalf of the citizens to punish an infraction of criminal laws. We do Trial, Bails in all criminal or quasi Criminal Matters, Drugs and Narcotic Laws NDPS matters and issues, Section 138 Negotiable Instrument Act, Cyber law Litigation : Information Technology Laws, IT Act, Defamation Litigation, Defamation Slander and Liable etc.
c. NDPS Narcotics and Drugs Prevention Act: NDPS Act has been introduced in order to control and prevent the abuse of drugs in the society and to control the sale, purchese, import, export and trading or free distribution of preventive or restrictive drugs. NDPS Act contains severe penal offence which has provision of punishment and fine.
d. Section 138 Negotiable Instrument Act: This Act primarily covers Bills of Exchange, Promissory Notes and Cheque. It is a quasi criminal law which contains both criminal and civil essence of law. Negotiable Instrument Act has provision of punishment and compensation. It is very effective remedy for drawee and against drawer of any negotiable instrument. We have a group of professional Lawyers and Advocates who represent drawer and drawee in court of law.
e. Cyber Laws or Information Technology Act: Out law Firm has group of Lawyers and Advocates who have good command over information Act and its provision qua Section 66A and other sections. Although this law has been subject to severe criticism by some voices who advocate free speech and freedom of expression. On various occasion Hon'ble Supreme Court of India interpreted civil rights and freedom of Expression of The Constitution of India.
f. Crime against Women: Includes rape, sexual assault, insult to modesty, kidnapping, and abduction, cruelty by intimate partner or relatives, trafficking, persecution for dowry, dowry deaths, indecency, and all other crimes listed in Indian Penal Code. In Modern times Law makers and adjudicating authorities have faced new form of women's discrimination i.e. Molestation of Women's at work place, Sexual favor, Sexual offences against women, right of property, right of education, discrimination, equality and equal treatment before law, freedom of expression and right to life and personnel liberty etc. Women's were subjugated since the inception of the society. In early times women’s were treated as an article, a precious property, an inferior being or a person lives with restrictions under the patronage of male dominant patriarchal society. But, with social and economic development some voices for women’s were raised by some individuals or group of people, who were very less in 18th century. In 19th century some male also contributed their part in raising issues of women's rights, Women's equality, Women's rights in property and innovated slogans as "women's rights are Human rights and human rights are women's rights" etc. But, by the time 20th century come some women's rights activists and Feminist organization formed and spread all over the world and started raising issues of equality and equal treatment in the society and law. Law makers have enacted new sets of laws according to geography of particular area for example in India Foeticide was banned, prenatal sex determination test was banned, Prevention of Dowry Laws introduced, Domestic violence Act, laws preventing molestation at work place, some old laws were replaced by new laws ad Rape laws were reinterpreted by Apex court in India and on some occasion directed Government of India to enact a specific law relating the protection of women from physical violence, abuse and metal harassment and Prevention of Dowry Act was introduce to curtail mal practices of dowry demand and violence in the name of dowry. Some women protection laws were introduced with strict sanction of law which discourage sujugation of women and protection of their natural and legal rights. Back in the history Queen Cleopatra, Queen Elizabeth I, Marry Wollsstonecraft was a philosphor, educational reformist and journalist, ElizabethCady Stanton, Susan B Anthony formed National Women's Suffrage Association in United Statesand Published a weekly journal “The Revolution" and advocated rights of Africans Americans. Coretta cott King a feminist American Author, Elizabeth Blackwell in 1800, Simone De Beauvoir arguably one of the most influential writer wrote an excellent piece of book "The Second Sex", Margret Thatcher, Benazir Bhutto , Hillary ClintonTagla Laroupe, Madonna, Oprah Winfrey, Naomi Wolf to Malala Yousafzai.
g. The Prohibition of Child Marriage Act, 2006: Almost 47 percent of girls are married before the age of 18. Currently, India ranks 13 in the world when it comes to child marriages. Since child marriage has been steeped into the Indian culture and tradition since centuries, it has been tough eliminating it. The Prohibition of Child Marriage Act was made effective in 2007. This act defines child marriage as a marriage where the groom or the bride are underage, that is, the bride is under 18 years of age or the boy is younger than 21 years. Parents trying to marry underage girls are subject to action under this law. Since the law makes these marriages illegal, it acts as a major deterrent.
h. Special Marriage Act, 1954: Provides a special form of marriage in certain cases, provide for registration of certain marriages and, to provide for divorce. In a country like India and with the diverse religions and cast, when people from different faiths and caste chose to get married they do it under the Special Marriage Act.
i. Dowry Prohibition Act, 1961: According to this act, taking or giving of dowry at the time of the marriage to the bride or the bridegroom and their family is to be penalized. Dowry system, giving and taking of dowry, is a norm in India. Dowry is often asked of the bride and her family by the groom and his family. The system has taken strong roots because women after marriage move in with their spouse and in-laws. Also, over the centuries, the lack for economic independence of women and the taboo towards divorce has resulted in bride burning. When demands for dowry even after marriage are not met by the girl’s families, many women are tortured, beaten and even burnt.
j. Indian Divorce Act, 1969: The Indian Divorce Act allows the dissolution of marriage, mutual consent, nullity of marriage, judicial separation and restitution of conjugal rights. Family Courts are established to file, hear, and dispose of such cases.
k. Maternity Benefit Act,1861: This act regulates the employment of women and maternity benefits mandated by law. It states that a woman employee who has worked in an organisation for a period of at least 80 days during the 12 months preceding the date of her expected delivery is entitled to receive maternity benefits, which includes maternity leave, nursing breaks, medical allowance, etc.
l. Medical Termination of Pregnancy Act, 1971: The Act came into effect into 1972, was amended in 1975 and 2002. The aim of the Act is to reduce the occurrence of illegal abortion and consequent maternal mortality and morbidity. It clearly states the conditions under which a pregnancy can be ended or aborted and specifies the persons qualified to conduct the same.
m. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act, 2013: To ensure women’s safety at workplace, this Act seeks to protect them from sexual harassment at their place of work. Thirty-six percent of Indian companies and 25 percent among MNC’s are not complaint with the Sexual Harassment Act according to a FICCI-EY November 2015 report. Sexual harassment at workplace also includes – the use of language with sexual overtones, invasion of private space with a male colleague hovering too close for comfort, subtle touches and innuendoes.
n. Indecent Representation of Women (Prevention) Act, 1986: This Act prohibits indecent representation of women through advertisement or in publications, writings, paintings, figures or in any other manner.
o. National Commission for Women Act, 1990: The National Commission for Women (NCW) is a statutory body of the Government of India, established in January 1992.. The NCW represents the rights of women in India and provides a voice for their issues and concerns. The National Commission for Women Act aims to improve the status of women and worked for their economic empowerment.
p. Equal Remuneration Act, 1976: This Act prevents discrimination in terms of remuneration. It provides for payment of equal recompense to men and women workers. It is necessary to know these and other laws in place to protect the interests of women. Only if you are aware of your rights can you fight against any injustice meted out to you at home, at the workplace, or in the society.
q. POCSO Act Protection of Children from Sexual Offence Act, 2012: An Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto. WHEREAS clause (3) of article 15 of the Constitution, inter alia, empowers the State to make special provisions for children. POCSO Act was introduced to prevent sexual crimes against minors.
r. Juvenile Justice Act: It aims to replace the existing Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000, so that juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, can be tried as adults. The Act came into force from 15 January 2016. An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, herein under and for matters connected therewith or incidental thereto. WHEREAS, the provisions of the Constitution confer powers and impose duties, under clause (3) of article 15, clauses (e) and (f) of article 39, article 45 and article 47, on the State to ensure that all the needs of children are met and that their basic human rights are fully protected.
s. Economic Offences Prevention of Money Laundering Act PMLA, Custom and Excise Laws etc: Economic offences form a separate category of crimes under criminal offences. Economic offences not only inflict pecuniary losses on individuals but also damage the national economy and have security implications as well. The offences of smuggling of narcotic substances, counterfeiting of currency and valuable securities, financial scams, frauds, money laundering and hawala transactions etc. evoke serious concern about their impact on the national security.
Indian laws have attempted to provide for economic offences; the Indian Penal Code (IPC) deals with basic offences such as cheating, counterfeiting, breach of trust, fraud, Counterfeiting, money laundering and faking are age old crimes.
t. The Prevention of Money Laundering Act (PML), 2002: This was passed by the Parliament of India in December 2003. This Act is applicable to all States/Union Territories of India including Jammu & Kashmir and overrides the provisions of any other statue in force. The Legislation is effective from the date the Rules under the PML Act are prescribed. The PML Act seeks to combat money laundering in India and has three main objectives: - To prevent, combat and control money laundering, To confiscate and seize the property obtained from the laundered money; and, To deal with any other issue connected with money laundering in India. In brief, the important provisions of the PML Act are as follows: - Any person, who directly/indirectly indulges in any activity/process connected with the proceeds of crime and projects it as untainted property, shall be guilty of money laundering. • The term ‘ proceeds of crime’ means any property that has been derived, directly/indirectly by a person from a criminal activity relating to a scheduled offence in the Act.
u. Economic Crimes Economic offences cover a very vast area and includes : Tax evasion, Illicit trafficking of contraband goods, Smuggling, Evasion of excise duty, Theft of cultural objects, Money laundering, Foreign contribution manipulations, Land grabbing and real estate frauds, Trade in human body parts (transplantation of human organs), Illicit drug trafficking (narcotic drugs and psychotropic substances), Fraudulent bankruptcy, Corruption and bribery of public servants kickbacks and bribes, Bank frauds, Insurance frauds, Illegal foreign trade, False travel documents, Credit card frauds, Terrorist activities, Illicit trafficking of fire arms and explosives or gun running, Human trafficking, Theft of intellectual property, computer and cyber-crime or software piracy laws, Stock market manipulations, insider trading, Company frauds, Counterfeiting money, Financial embezzlement, misappropriation, scams, Money laundering and Copyright infringement, Forgery, Irregularities in invoicing and letters of credit, Sports betting or match fixing , Illegal waiver of farm and rural loans, Illegal Money Landing, Illegal Casino etc.