Difference between revisions of "India Criminal Defense Manual - Various Defense Strategies"

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of the said period of limitations if it is satisfied on the facts and circumstances of the case that the delay has been properly explained or that it is necessary in the interests of justice.<ref>Section 473 of The Code of Criminal Procedure</ref>
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== Is it Possible to Make an Affirmative Defense if the Facts of the Crime Cannot be Denied? ==
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In an affirmative defense, counsel does not deny the elements of the alleged offense but still attempts to prove the innocence of the accused. Such a defense requires counsel to present sufficient evidence, including witness testimony or material evidence. Even if the lawyer does not deny that the accused committed the alleged acts, the defense will try to prove that the acts were justified or provide another legal defense for negating the accused's criminal liability.
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== Can the legal aid lawyer prove the innocence of the accused? ==
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This is one type of affirmative defense and aims to prove that the accused did not commit the crime, i.e. that the accused could not possibly have committed the alleged offense.
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The two most common methods of proving the accused innocent are: proving the accused's alibi and using the material evidence to prove that the alleged offense could not have happened. In employing the first strategy, the criminal legal aid lawyer can provide credible evidence, such as the testimony of a witness at the scene to prove an alibi; if adopting the second strategy, the legal aid lawyer can cite credible evidence demonstrating the weaknesses of the material evidence against the accused, and explain how these limitations or weaknesses exclude the possibility of the alleged offense. For example, suppose the accused was accused of stabbing the victim, and the evidence provided by the prosecutor indicates that the victim was stabbed by an assailant who used his right hand. In such circumstances, if the criminal legal aid lawyer can provide credible evidence to prove that the accused's right hand was previously injured and that he could not have used it at the time that the crime was committed; this demonstrates that the accused could not have committed the alleged offense.

Revision as of 11:47, 10 June 2010

  1. ↑ Section 473 of The Code of Criminal Procedure
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