Before start you must know the basic of criminal justice system:
We have witness many cases, people think such cases can be closed by police station itself by compromise or a simple apology etc. The fact such cases are non-compoundable and non-cognizable and as per Complaint if the allegations levelled revel cognizable offence, police have no option but to register the FIR, let the allegation fake or you have evidence to prove it wrong.
- Never ever try to close the Complaint at Police station:
So, don’t waste money and time to stop conversion of complaint to FIR. Your job starts once FIR get registered , then try to close the FIR by providing any evidence you have to Investigation officer to file final closer reports to court. Wherever without FIR police had tried to close the complaint, the accused had faced much trouble. Any type of compromise dead or apology etc will be used to file second time Complaint with stronger prima face evidence and none will be able to save you.
- No self confession at Police stations or in Court:
When we go through various judgments of Supreme Court of India witness more than 90% cases where ever some men failed to prove their innocence, it is due to the self confession by accused was the prime reason for his convection.
We have seen many thousands of cases that would never have seen a courtroom had it not been for the things the accused said that were twisted into being a confession.
REMAIN SILENT! You HAVE that right, USE IT!
Yes police will try their best to play good and bad cope to get your confession by hook or crook, but always remember those are temporary torture, mentally prepare to face it.
- Demand advocate to be present
If you demand an advocate, and you cannot afford one, police can’t continue to question you if you want one appointed free for you. If they persist they risk contaminating a case.
They have to produce you in court and that time seeks again an advocate and brings the truth of their physical torture if any.
You have to understand the level of Trouble you are going to face.
- Finding the right advocate or LAW firm to represent you
Maximum cases we witness people run behind costly advocates and end up with a situation, instead the advocate represent him, he became representative of advocate.
- Build your resources, may have to look for some Loan
If you had faced such cases, as your earlier brothers also done the same mistakes by surrendering in front them, it’s called Legal Terrorism. So, first you have to mentally prepare what ever happened to me already happened, but will not allow her to bite another innocent and for that if required will sell my own body parts also , but will not surrender in blackmailing or extortion.
Then only you will able to take right steps.
- You have to begin by realizing the level of trouble you are in
You must start learning various technological product like , CCTV, SPY Cameras , good recording device for Mobile Phone , latest voice recording software , as during the process of all investigation, you may en-countered many threat , blackmailing , extortion demand . Don't loose the opportunity to capture the same always keep safe the original .
- Avoid running away from court date:
- Start working with witness list:
You will need to start working on lit of witness. Include the people's name, addresses, phone information, as well as their employment and a brief biography. And also a brief bit on what they can testify to. Many time seen the witness you think is not important became key witness in your case.
You know best your case, so first identify truthfulness of witness and concentrate to bring truth in court room via cross exemptions. So, don’t limit yourself on one or two witness, use bad witnesses as well as ones on your side all, bring them in court notice. Let us decide who is important and who isn't. Witnesses are key evidence in any criminal cases fate. Always insist first all evidence of all wittness completed then only cross should start . Otherwise depend on your cross other wittness may add more aligation. If judge do not agree file application under CRPC 242/3 , let judge reject it at least it will help in higher court the evidence was after thought.
- Prepare for Final arguments:
90% is your mental battle and 10% is legal battle in all such cases. Start networking with people in advance than crying foul after wards and keep blaming, advocates and judges as biased.