Difference between revisions of "India Criminal Defense Manual - Various Defense Strategies"
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Is the crime a strict liability crime (the prosecutor has no burden to present evidence concerning the accused's intent)? What evidence has the prosecution presented to prove that the client in his actions had the requisite criminal intent, had specific knowledge or skill necessary for committing the act, or was criminally negligent? | Is the crime a strict liability crime (the prosecutor has no burden to present evidence concerning the accused's intent)? What evidence has the prosecution presented to prove that the client in his actions had the requisite criminal intent, had specific knowledge or skill necessary for committing the act, or was criminally negligent? | ||
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| + | '''Cause and effect''': Did the client's act result in the ultimate injury? | ||
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| + | '''Direct cause''': Were the client's actions far enough from the charged crime that he should not be subject to any legal responsibility? | ||
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| + | '''Legal obligation''': In this situation, does the law stipulate that the client must act in specific ways to exercise his distinctive legal obligation? | ||
| + | * What laws define the elements of a crime? Are these laws contradictory with each other? | ||
| + | * How much evidence must be presented in order to sufficiently meet all the required elements of the accused crime? What are the elements of the crime that the client should have been charged with, but was not? | ||
| + | * Does the evidence presented meet the evidence requirements for all the elements of the alleged offense? What are the legal stipulations regarding evidence for elements of the accused crime? What evidence | ||
| + | supports the prosecution's case? What evidence is not consistent with | ||
| + | the prosecution's argument? | ||
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| + | charged offense or even support a lighter offense, the legal aid lawyer | ||
| + | shall point out the insufficiency of evidence to the court and request | ||
| + | that the court either judge the client as innocent or dismiss the charges. | ||
| + | HAS THE STATUTORY TIME LIMIT FOR CRIMINAL | ||
| + | PROSECUTION EXPIRED? | ||
| + | In view of the Section 468 of The Code of Criminal Procedure no court | ||
| + | shall take cognizance of an offence for the following category after the | ||
| + | expiration of a period of limitations as follows: | ||
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| + | term not exceeding one year | ||
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| + | with a term exceeding one year but not exceeding three year. | ||
| + | However, any court may take cognizance of the offence after the expiration | ||
