Role of a Criminal Attorney for the Accused, Complainants, and Convicts

Role of a Criminal Attorney for the Accused, Complainants, and Convicts

A criminal attorney plays a pivotal role in the legal system, ensuring justice is served at every stage of a criminal proceeding. Their responsibilities differ based on whom they represent—the accused, the complainant (victim), or the convict.

The principles of criminal justice revolve around:

A. Fair trial and defense rights for the accused

B. Justice and protection for the complainant (victim)

C. Post-conviction rights and rehabilitation for convicts

A. Role of a Criminal Attorney for the Accused (Defense Lawyer)

The Indian Constitution and criminal laws ensure that an accused person is presumed innocent until proven guilty. A criminal defense attorney safeguards this principle by providing legal representation and challenging the prosecution’s case.

Key Responsibilities:

a. Legal Representation: Representing the accused at all stages—pre-trial, trial, appeal, and post-conviction. Ensuring the accused’s right to a fair trial under Article 21 (Right to Life and Liberty) of the Constitution.

b. Bail and Pre-Trial Proceedings: Seeking regular bail under Sections 437 & 439 of the Code of Criminal Procedure (CrPC). Applying for anticipatory bail under Section 438 CrPC to prevent pre-trial detention.

c. Defense Strategy: Scrutinizing the FIR (First Information Report) under Section 154 CrPC for procedural lapses. Cross-examining witnesses and challenging evidence under Section 162 CrPC (statements to police not to be signed or treated as substantive evidence). Arguing for the discharge of the accused if the charge sheet (under Section 173 CrPC) lacks sufficient evidence.

d. Plea Bargaining: Negotiating a lesser charge under Sections 265A to 265L CrPC for non-serious offenses.

e. Trial Advocacy: Contesting the prosecution’s case, citing precedents, and ensuring due process.

Landmark Judgments:

1. DK Basu v. State of West Bengal (1997) – Established guidelines for lawful arrest and protection from custodial torture.

2. Maneka Gandhi v. Union of India (1978) – Expanded the interpretation of Article 21, ensuring due process and fairness in legal proceedings.

3. Hussainara Khatoon v. State of Bihar (1979) – Recognized speedy trial as a fundamental right of the accused.

B. Role of a Criminal Attorney for the Complainant (Victim’s Lawyer)

Although criminal prosecution is conducted by the state, complainants (victims) often seek private legal assistance to ensure their interests are effectively represented.

Key Responsibilities:

a. Filing Complaints & FIRs: Ensuring the police register an FIR under Section 154 CrPC. Challenging police inaction by filing an application under Section 156(3) CrPC before a Magistrate.

b. Victim Representation in Court: Assisting the public prosecutor in presenting evidence and cross-examining witnesses. Filing victim impact statements to ensure appropriate sentencing.

c. Ensuring Protection of the Complainant: Seeking witness protection under the Witness Protection Scheme, 2018. Applying for protective orders in cases of domestic violence under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

d. Securing Compensation for Victims: Filing for victim compensation under Section 357A CrPC.

e. Pursuing Justice in Heinous Crimes: Advocating for the death penalty or life imprisonment in rarest of rare cases (Bachan Singh v. State of Punjab, 1980).

Landmark Judgments:

1. Laxmi v. Union of India (2014) – Strengthened laws against acid attacks and established victim compensation funds.

2. Vishaka v. State of Rajasthan (1997) – Laid down guidelines for preventing sexual harassment at workplaces.

3. State of Punjab v. Gurmit Singh (1996) – Emphasized the need for sensitivity in rape trials, including in-camera proceedings.

C. Role of a Criminal Attorney for Convicts (Post-Conviction Representation)

Even after conviction, a criminal attorney plays a vital role in appeals, sentence mitigation, and protection of prisoners’ rights.

Key Responsibilities:

a. Filing Appeals: Challenging convictions under Section 374 CrPC in higher courts. Seeking acquittal, retrial, or sentence reduction.

b. Filing Mercy Petitions & Clemency Appeals: Approaching the President under Article 72 of the Constitution or the Governor under Article 161 for pardons or sentence commutations.

c. Seeking Sentence Reduction or Parole: Applying for remission under Section 432 CrPC or parole under State Prison Rules.

d. Ensuring Prisoner Rights & Fair Treatment: Advocating against custodial violence (as held in Sunil Batra v. Delhi Administration, 1980). Seeking medical aid and humane treatment of prisoners under Article 21 of the Constitution.

e. Protecting Against Unlawful Execution in Death Penalty Cases: Filing curative petitions under Supreme Court Guidelines (Rupa Ashok Hurra v. Ashok Hurra, 2002).

Landmark Judgments:

1. Shatrughan Chauhan v. Union of India (2014) – Held that delays in mercy petitions violate convicts’ rights.

2. State (NCT of Delhi) v. Navjot Sandhu (2005) – Clarified the appeal and review petition procedures in death penalty cases.

3. Sunil Batra v. Delhi Administration (1980) – Prohibited solitary confinement and inhumane prison conditions.

D. Conclusion

a. A criminal attorney ensures fairness and justice for all parties involved—the accused, the complainant, and the convict. While defense lawyers uphold the rights of the accused, complainant-side attorneys fight for victim justice, and post-conviction attorneys help in legal remedies for convicts.

b. India’s legal framework—through constitutional safeguards, statutory provisions, and judicial precedents—continues to evolve in ensuring a balanced and just criminal justice system.

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E. International Comparisons

a. United States

1. Right to Counsel: In Gideon v. Wainwright, the U.S. Supreme Court held that the Sixth Amendment requires states to provide defense counsel to indigent defendants in criminal cases.

2. Victim Rights: The Crime Victims’ Rights Act, 18 U.S.C. § 3771 (2004), codifies victims’ rights, including notice of proceedings and the right to be heard.

3. Post-Conviction Relief: The Antiterrorism and Effective Death Penalty Act (AEDPA), Pub. L. No. 104-132, 110 Stat. 1214 (1996), limits habeas corpus appeals.

b. United Kingdom
1. Legal Aid: Provided under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, c. 10 (U.K.).

2. Victim Support: The Victims’ Code (2020) outlines enforceable rights for crime victims.

3.Prisoner Rights: The Human Rights Act 1998, c. 42 (U.K.), incorporates the European Convention on Human Rights into domestic law.

F. Recent Indian Developments (Post-2020)

a. Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 – Laid down expanded guidelines on bail emphasizing Article 21 and prison decongestion.

b. Ashwini Kumar Upadhyay v. Union of India, W.P. (Crl.) No. 699/2016, Supreme Court of India (2022) – Directed the setting up of Special Courts for MPs/MLAs to ensure speedy trial.

c. X v. Principal Secretary, Health and Family Welfare Department, (2022) 10 SCC 1 – Recognized the right of rape survivors to abort pregnancies up to 24 weeks.

d. Union of India v. V. Sriharan alias Murugan, (2016) 7 SCC 1; Clarified in 2021 – Limited the judiciary’s power under Article 142 regarding commutation.

G. Footnotes

[^1]: Gideon v. Wainwright, 372 U.S. 335 (1963). [^2]: Satender Kumar Antil v. CBI, (2022) 10 SCC 51. [^3]: Ashwini Kumar Upadhyay v. Union of India, W.P. (Crl.) No. 699/2016. [^4]: X v. Principal Secretary, Health and Family Welfare Dept., (2022) 10 SCC 1. [^5]: Union of India v. V. Sriharan alias Murugan, (2016) 7 SCC 1.

Thank you for reading.

Authored by 

Advocate Ranjitsinh Sureshrao Ghatge 🦅 

+919823044282

17:14

27th Chaitra 14234

17th April 2025