PLEA BARGAINING IN INDIA

PLEA Bargaining in India

Plea bargaining in India is a new concept for Indian legal system is contained in  Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code. It was introduced through the Criminal Law (Amendment) Act, 2005. This changed the face of Indian Criminal Judicial system.

Plea bargaining is the pre-trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange for certain concessions by the prosecution. It is an agreement in which the defendant pleads guilty to a lesser charge and the prosecutors in return drops more serious charges. There are two types of plea bargain:

Charge bargain: When the prosecution allows a defendant to plead guilty to a lesser charge or to only some of the charges against him.

Sentence bargain: It occurs when an accused or defendant is told in advance what his sentence will be if he pleads guilty.

It is applicable to those offences for which punishment is up to a period of 7 years.  It does not apply to cases where the offence committed is a socio-economic offence or where the offence is committed is committed against a woman or a child below the age of 14 years.

Benefits:

  • It helps in fast disposal of cases.
  • It makes a mutual understanding between the defendant and the prosecutor related to the case.

Drawbacks:

  • Involvement of police in the bargaining invites coercion.
  • The court’s impartiality is at stake.
  • It may lead to corruption of one or other type.

There had been a huge hue and cry over this issue because mere acceptance of guilt should not be a criterion for minimising the punishment. But it was accepted because the very essence of this law was to provide easy, cheap and expeditious justice by resolution of the main dispute. With the changes in the fundamental structure of the society itself, such reforms become inevitable.

Overall, this system is nothing but just a cover up the inadequacies of the govt. in dealing properly with each case that comes before it. It is a disputed concept. Few jurists and advocates have been in its favour whereas a few have abandoned it. It surely helps in disposing of the caseload, but the manner is unconstitutional. Only time can tell if this concept can be justified or not!

The Importance of Litigation Lawyers for NRIs

Importance of Litigation Lawyers for NRIs

We have often seen NRIs seeking the help of litigation lawyers in India because of the false allegations initiated against them. Living overseas away from their country and their roots is always challenging and if on top that someone takes advantage of their situation and files baseless charges against them it almost breaks them.

Although most of the charges/accusations against them are baseless, unfounded or non-existent, it becomes fearful for the NRIs to visit India and manage their assets. More than often these charges are an effort of friends, relatives or others to prevent the NRIs from coming to India. They tend to depend on their friends and family for the management of their properties because of various reasons, being unable to travel to India frequently is the most basic one.

These invalid implications are made to seize the property or maintaining its illegal occupancy.

Requirement of Litigation Lawyers in India

NRIs need the help of lawyers as they face issues such as –

  • The fear of getting arrested
  • The loss of the ownership of their property in the country
  • Their Passports being confiscated
  • The fright of never being allowed to leave the country

After being declared Proclaimed Offenders (POs), it becomes problematic for NRIs to get trustworthy legal representatives to manage their criminal litigation case. They are often forced to stay outside the borders of the country as if they are in exile. They are just left with the wish to get a chance to India and claim what is rightfully theirs i.e. fair shares to their lost properties.

Ironically, thousands of POs who continue to live outside the country for years in fear are not conscious of the fact that the cases against them could be resolved through proper representation in the court.

The NRIs, most of the time, gets in this situation without any intentional fault. The lack of updated and clear documents or the issuance of Power of Attorney (POA) is most common factors that put them in this problem.

Certain precautionary steps can be taken to avoid the property issues. These steps can help them to protect themselves from any fraud such as illegal sale or possession of their estate or false criminal litigation or transfer of assets. The following steps can help them –

  • Maintaining proper and appropriate documents related to the property.
  • Holding validated title deed, current updated documents with ground reality of the property.

The documents should contain

  1. the description of the property
  2. explicit mention of the size and area
  3. specific mention of the owner’s name
  4. all the aspects of the assets after the proper evaluation of the same
  5. translated into understandable language
  6. clear information about what the NRIs own and possess in India
  7. Issuing Special Power of Attorney instead of General Power of Attorney

These small steps are enough for NRIs to fight and protect themselves from criminal litigation and any other property dispute. If they ever find themselves in false case they should immediately seek help of Litigation Lawyer in India.

Cheating always gets caught-beware!!!!

Criminal law

Human behaviour depends on wants and needs. People can be tempted sometimes to fulfil their requirements by cheating or committing fraud with other individuals. Thus, to protect and preserve some fundamental rights and social values along with maintenance of peace and order in the society criminal law has prescribed a set of and norms and forbade some conducts. It also prescribes the punishments for whoever disregards these standards and prohibited behaviours.

The Indian Penal Code (IPC) explains the provisions about the offenses of cheating under Sections from 415 to 420.

Section 415 defines “Cheating,”

Section 416 explains about “Cheating by Personation,”

Section 417 describes “Punishment for Cheating,”

Section 418 defines “Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect;”

Section 419 explains “Punishment for Cheating by Personation;”

Section 420 describes “Cheating and dishonestly inducing delivery of property.”

Section 415 –

  • It describes cheating as
    • deceiving any person;
    • dishonestly or fraudulently inducing an individual so deceived to deliver property to anyone or consent that anyone can retain the property;
    • Intentionally causing the person so deceived to omit anything which may cause harm or damage that person’s mind, body, property or reputation.

As per this section, deception is dishonest concealment of the facts or providing false or misleading information.

Section 416 –

  • An individual is said to “Cheat by Personation” if he/she cheats by portraying to be some other person, or by intentionally substituting one person for another, or pretending that a person is other than who he/she really is.

The offence is considered committed whether the individual personated is an imaginary or a real person.

Section 417 –

  • The punishment for cheating is imprisonment of either description for a term which may extend to one year or fine or both.

The offence under this Section is bailable, non-cognizable, or compoundable with the consent of the Court where prosecution for such offence is pending and triable by a Magistrate.

Section 418 –

  • A person who deceives with the knowledge that his action may cause wrongful loss to an individual whose interest in the matter to which the cheating relates, he/she was bound, by legal contract or law to protect, will be punished.
  • The punishment is imprisonment of either description for a term which may extend to three years or fine or both.

The offence under this Section is bailable, non-cognizable, or compoundable with the consent of the Court where prosecution for such offence is pending and triable by a Magistrate.

Section 419 –

  • The punishment for cheating by personation is imprisonment of either description for a term which may prolong to three years or fine or both.

The offence under this Section is bailable, non-cognizable, or compoundable with the consent of the Court where prosecution for such offence is pending and triable by a Magistrate.

Section 420 –

  • A person who cheats and dishonestly persuades an individual deceived to deliver property to anyone, or to make, destroy or alter the whole or a part of valuable security, or anything that is sealed or signed, and is capable of being converted into a valuable security, will be punished.
  • The punishment is confinement of either description for a term that may prolong to seven years and will be liable to pay fine.

The offence under this Section is bailable, non-cognizable, or compoundable with the consent of the Court where prosecution for such offence is pending and triable by a Magistrate.

Litigations – Avoid it; Get your property documents in order!

Litigation lawyer

There is a strong feeling that over the past few decades, unfortunately, India has become a hub of corruption, frauds, black money and scams. Property disputes are on the rise too. Invariably, people come to us seeking legal advice from our expert litigation lawyers. To curb these, the government is doing everything possible from implementing demonetization to seizing benami properties.

Creating a transparent environment for all the citizens has become a major focus for the present government. In order to achieve this, the Indian government is introducing new rules and exercising new limits related to investments, finance, and property. This step directly or indirectly affects not only the permanent citizens but also the NRIs.

Even with the government trying its best to eradicate corruption, human nature still remains a huge barrier. Due to various reasons, the NRIs tend to depend on their friends and relatives for the management of their properties. Despite strong laws, this dependency often leads to problems such as unauthorized occupancy and even loss of ownership entirely.

Living away from roots is always challenging, and on top of that when NRIs are faced with false allegations in the country to which once they belonged, it becomes tough for them to manage things. Though most of the time these accusations are either baseless or non-existent altogether, it becomes dreadful for the NRIs to visit India and maintain their properties here. Often these false litigations are initiated by the friends, relatives or others. These invalid implications are made to prevent them from coming to India and seizing their property or maintaining its illegal occupancy.

Certain precautionary steps can be taken to avoid all the property issues that NRIs face without any intentional fault such as Updated documents and issue of Specialised Power of Attorney (POA).

Often knowing all the details about the property is not enough. Maintaining proper and appropriate documents required to claim the ownership is necessary. It is imperative for an NRI to possess validated title deed, current updated documents with ground reality of the property to protect themselves from any fraud such as illegal possession or selling off their land or false criminal litigation or transfer of assets.

Maintaining updated property documents can help NRIs prove their innocence and claim their property at any point in time.

The necessary documents include:

  • Clear document stating the description of the property
  • Explicit mention of the area and size
  • Explicit mention of the name
  • Details of the property after the proper evaluation the same

Translation of the documents in the language understood by the NRIs is necessarily required.

These documents should clearly state information about what the NRIs own and possess in India.

For an NRI, it is tough to travel to India from time to time to manage their property and protect themselves from any fraud. Thus, they need a viable solution which is available as Power of Attorney (POA). The POA document is a crucial document which may even be used against us if not made properly or if handed over to the wrong person.

The POA is a legal document which authorizes some other person to act on behalf of the owner (the NRI). There are two types of POA – General POA and Special POA.

  • The General POA gives the authority to act on the NRI’s behalf in all general matters, which also means that the POA holder may even take advantage of the received power.
  • The Special POA is a legal document that authorizes the other person to act on certain matters on the NRI’s behalf. It is a restricted document that limits the action of the POA holder.

Thus, it is beneficial, in fact, essential that NRIs give special POA instead of general POA.

The issuance and hence usage of POAs is a very sensitive matter which should be handled carefully by all NRIs to avoid troubles and confusions later on. Along with it, it is must to keep all the property related documents up-to-date.

Criminal Litigation Against NRIs and Overseas Citizens

Criminal Litigation Against NRIs-Nri Legal Services

“A DAY IN PRISON IS LONGER THAN A THOUSAND YEARS” DON’T LET THAT HAPPEN TO YOU!!!!

A huge number of our NRI clients come to us because of false litigation initiated against them. Most of these charges are either unfounded or baseless. To top it all NRIs have to be fearful of coming to India on account of such fraudulent charges. More often than not, relatives, friends or others initiate such action against NRIs simply to prevent them from coming to India. The motive is to grab their property or maintain illegal occupancy. In totality, NRIs are faced with the following issues –

  • Fear of being arrested or their passports being confiscated
  • The anxiety that they would never be allowed to leave the country
  • The subsequent loss of their properties here.
  • Many who have been declared proclaimed offenders (PO’s) and are not able to get trustworthy lawyers for representation to manage their criminal litigation have to languish outside the borders of the country.
  • Such victimized NRIs simply keep waiting for a chance to return and claim their inheritance or rightful shares to their lost properties.
  • Ironically, thousands of PO’s who continue to live in fear overseas for years are not aware that the cases against them could be resolved through representation in the court.
  • Such POs can now be successfully defended in the appropriate courts of law.
  • Several such people who have contacted us from different parts of the world have now been able to get rid of the stigma of being called PO’s and have gone on to successfully defend themselves to recover and restore their full rights.
  • On an inquiry where a client is involved in a criminal case in any court in India, the very first step is to read and review the complete case file to take an informed decision on how to proceed further.

If any NRI is caught in these situations, he should not delay in asking for legal assistance or guided opinion from the team of legal experts at NRI Legal Services.  What all such POs need is an understanding, efficient, competent legal expertise. This would assist them in handling the entire legal scenario for the NRIs. The company offers all of this – and more – to all clients who approach us. Being one of the top law firms in India, NRI Legal Services uses its proficient team to represent, solve and finalize all NRI property or litigation dispute cases to suit the convenience of overseas citizens. In most situations, overseas citizens do not have the correct knowledge about procedures or formalities. Therefore they need sound legal advice to find solutions, and that is something they are assured of when they approach the company.