Criminal suits are different from other civil or tort proceedings. The act which contravenes or violates the provisions mentioned in Indian Penal Code are considered as a criminal offence. In criminal cases unlike other cases, states represent the victim. But so many instances are there where the accused being an innocent is also convicted due to inefficient representation of defendant’s side. For defending a criminal case a lawyer should follow some special skills.
The first and foremost essential for considering a criminal act is mens-rea which means guilty mind. That means the person who is committing offence must have some guilty mind behind that act. With out proper object no one can do criminal act if that person is not an unsound minded one. So for every criminal act there must be clear motive and intention.
The most essential and important thing for defending a criminal case is breaking the chain- of- evidence. Every conviction is made through by proving a series of interlinked evidences. Those evidences represent the form of a chain, from motive to actual commission. Judges are deciding the cases based on evidences presented before them in court. So it is very much important to break the chain to prove an accused as innocent.
Firstly after counseling the client, the lawyer should make a through research on that case. After that they should identify the weakest area of evidence which is against the defendant. Then he/she should prepare the case accordingly to break that evidence and make the defendant free from all charges.
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