How a Lawyer Helps in Section 120B of IPC/ Section 61 of BNS 2023

Section 120B falls under the law of criminal conspiracy, which applies to criminal offences committed by two or more individuals. This section comes under the criminal offences and the lawyer can go deep to solve the issues. This process needs documents and witnesses to prove the case in the court. The lawyer ensures that the charges applied to the accused are correct and the rights are protected. This blog will cover the details of the Lawyer’s role in section 120B.

Analysis of Allegations and Evidence

A lawyer has the experience to get into the case by the FIR report. This report will have information about the case and the charges applied to the accused. They also analyse section 161 CrPC which is the act of recording statements by the police. This is an important step to address the procedural laps in the case. The lawyer also searches for the right witness that he/she can countercharge in the courtroom.

The lawyer also scrutinises the evidence presented by the client. In this section the documents or digital evidence seized by the government without paper authorisation. So they can plan strategically to reduce the evidence impact on the case. If the prosecution has demonstrated by the accused party then the lawyer will find and raise that loop to give the case a strong face. 

Design the Defense Strategy

Lawyers argued the case with proper strategy and charges. Lawyers present evidence that any agreement among the accused was legitimate. The accused may have been involved in the alleged activity. Sometimes the accused were unaware of its illegal nature. An individual might unknowingly sign a document as part of a legitimate transaction. The lawyers also ensure that the accused acted in good faith, without any intention of participating in a conspiracy. Lawyers identify contradictions in a witness’s statements during different stages of the investigation. Criminal cases require guilt to be proven beyond a reasonable doubt. The lawyer can set the argument based on the charges and the loop of the system. 

Pre-Trial Legal Actions

In Section 120B cases one can be arrested during the investigation. The lawyers can file bail applications to secure the accused’s release. If the allegations are wrong or the accused has a clear record then the lawyer has the right to destroy the FIR or charge sheet under Section 482 of the CrPC. Courts are more likely to eliminate cases where there is an abuse of legal process included in the case. 

Trial Stage Representation

The lawyer cross-examined the prosecution witnesses. The prosecution often relies on co-conspirators as prime witness. The lawyer will cross-examine the witness based on the involvement in the alleged conspiracy to weaken their case in court. The lawyer also provides the defence evidence that can help to preset the client’s case strong on the court. A strong defence includes presenting documents, and expert opinions. A lawyer also presents the legal arguments that can help the case to get to a point. This argument involves procedural violations, such as improper search and seizure of the evidence. This process can help to increase the case’s chance to win in court. 

Sum it Up With

Section 120B is a case where the individuals faced a lot of legal actions. When cases such as section 120B are charged on some individuals then it is always advisable to consult a lawyer who has experience in the field. The best lawyers in Delhi have the experience to file the case on the higher court and can help the client in the best possible way. They will also provide the post-case conflict to help keep the clients right. 

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