Skip to content

Bail & Trial

Criminal Defence

Criminal proceedings affect liberty, reputation and livelihood at once. From the moment an FIR is registered or a police notice arrives, decisions taken in the first few days, about appearing before the police, seeking protection from arrest and preserving evidence, can shape everything that follows.
An empty historic courtroom with wooden benches and a witness box

Overview

Since 1 July 2024, criminal law in India has been governed by the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA), which replaced the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act. Matters that began earlier may still be governed in part by the old law. We advise on both, and on how the transition bears on a particular case.

The work rests on a close reading of the FIR, the charge-sheet and the documents the prosecution relies on; plain advice about the risks; and measured advocacy before the magistrate, the sessions court and the High Court.

Scope

What we handle.

  • Bail and anticipatory bail

    Applications for regular bail before the magistrate, the sessions court and the High Court, and for anticipatory bail under Section 482 of the BNSS where arrest is apprehended, including the setting and modification of bail conditions.

  • Investigation stage

    Advice on notices of appearance under Section 35 of the BNSS, attendance before investigating officers, the rights of an arrested person, remand hearings, and default bail where the charge-sheet is not filed within the statutory period.

  • Trial defence

    Defence before magistrates and sessions courts: discharge applications, arguments on the framing of charges, cross-examination of prosecution witnesses, defence evidence and final arguments.

  • Quashing petitions

    Petitions to the High Court under Section 528 of the BNSS to quash FIRs, complaints or proceedings that disclose no offence, amount to an abuse of process, or have been genuinely settled between the parties where the law allows.

  • Appeals and revisions

    Appeals against conviction and sentence, applications to suspend a sentence pending appeal, and revision petitions against orders open to revision, before the sessions court, the High Court and the Supreme Court.

  • Cheque dishonour

    Complaints under Section 138 of the Negotiable Instruments Act, 1881, from the statutory demand notice through trial, interim compensation, appeal and compounding, and the defence of such complaints.

  • Economic offences

    Cases of cheating, criminal breach of trust, forgery, corruption and other financial offences, which often run alongside civil, tax or regulatory proceedings and need to be handled consistently across all of them.

  • Electronic and forensic evidence

    Scrutiny of electronic records, including the certificate now required under Section 63 of the BSA, together with forensic reports and call detail records, which increasingly decide criminal trials.

Approach

How we approach a matter.

  1. Step I

    Immediate assessment

    We establish the stage the matter has reached, what the FIR or complaint actually alleges, and whether arrest is a real risk, so that protection can be sought before it is needed.

  2. Step II

    Protecting liberty

    Where appropriate we apply for anticipatory or regular bail, prepare the client for any appearance before the police, and insist that the safeguards governing arrest and remand are observed.

  3. Step III

    Building the defence

    We study the charge-sheet and every document relied on, identify gaps and inconsistencies, consider discharge or quashing, and prepare cross-examination around the evidence rather than assumptions.

  4. Step IV

    Trial and beyond

    We conduct the trial with care and, where the result calls for it, pursue appeal, revision or suspension of sentence without delay.

Questions

Questions clients ask.

What is the difference between regular bail and anticipatory bail?

Regular bail is sought by a person who has been arrested or is in custody. Anticipatory bail, now provided for in Section 482 of the BNSS, is sought in advance from the sessions court or the High Court by a person who has reason to believe they may be arrested for a non-bailable offence; if it is granted, they are to be released on bail in the event of arrest. Courts generally weigh the nature and gravity of the accusation, the applicant's antecedents, the risk of flight, and whether the accusation appears intended to injure or humiliate. Conditions are commonly imposed, such as joining the investigation when required and not leaving India without permission.

My matter concerns events before 1 July 2024. Which law applies?

As a general rule, an offence committed before 1 July 2024 is defined and punished under the Indian Penal Code, because a person cannot be convicted under a criminal law that was not in force when the act was done. On procedure, the BNSS provides that appeals, applications, trials, inquiries and investigations pending immediately before that date continue under the Code of Criminal Procedure, while proceedings begun afterwards generally follow the BNSS. The transition has raised questions that the courts are still resolving, so the position in a particular case should be checked against its own dates and stage.

Can an FIR be quashed?

The High Court has inherent power, now found in Section 528 of the BNSS, to quash an FIR or criminal proceedings to prevent abuse of the process of any court or otherwise to secure the ends of justice. The Supreme Court has described the kinds of cases where this is appropriate, for instance where the allegations, even if accepted as they stand, do not make out an offence, or where the proceedings are manifestly malicious. Disputes of a predominantly private or commercial character that the parties have genuinely settled may also be quashed even when the offence is not compoundable. The power is used sparingly, and not for serious offences that affect society at large.

A cheque given to me has bounced. What should I do, and by when?

Under Section 138 of the Negotiable Instruments Act, the cheque must have been presented within its period of validity, currently three months from its date. A written demand notice must be sent to the drawer within thirty days of receiving the bank's information that the cheque was returned unpaid. If the drawer does not pay within fifteen days of receiving the notice, a complaint may be filed before the magistrate within one month after those fifteen days end. The notice deadline is applied strictly, and a court may condone delay in filing the complaint only for sufficient cause, so keep the return memo, the notice and proof of its dispatch and delivery. The offence is compoundable, and during the trial the court may order the drawer to pay interim compensation of up to twenty per cent of the cheque amount.

The police have sent me a notice to appear. Will I be arrested?

A notice under Section 35 of the BNSS is issued where arrest is not considered necessary at that stage. If you comply with the notice and continue to comply, the law provides that you are not to be arrested for that offence unless the police officer, for reasons recorded in writing, forms the opinion that arrest has become necessary. Attend as directed, keep a copy of the notice, and take advice beforehand, particularly if the allegations are serious or the notice is unclear. Where there is a genuine apprehension of arrest, anticipatory bail can be considered.

Are WhatsApp messages and call recordings admissible as evidence?

Electronic records can be proved as evidence under the BSA. Where a copy is relied on rather than the original device, Section 63 of the BSA requires a certificate in the prescribed form, signed both by the person in charge of the device or system and by an expert. Questions of authenticity, completeness and the manner in which a record was obtained are frequently contested, so the original device and data should be preserved from the outset.

Principal statutes

  • Bharatiya Nyaya Sanhita, 2023
  • Bharatiya Nagarik Suraksha Sanhita, 2023
  • Bharatiya Sakshya Adhiniyam, 2023
  • Negotiable Instruments Act, 1881
  • Prevention of Corruption Act, 1988
  • Information Technology Act, 2000
  • Indian Penal Code, 1860, Code of Criminal Procedure, 1973 and Indian Evidence Act, 1872 (repealed from 1 July 2024; still relevant to earlier offences and pending proceedings)

Where these matters are heard

  • Courts of Judicial Magistrate and Chief Judicial Magistrate
  • Courts of Session, including Additional Sessions Judges
  • Special Courts constituted under particular statutes, such as those trying corruption or money-laundering cases
  • High Court of Judicature at Allahabad and High Court of Delhi
  • Supreme Court of India
  • Police and investigating agencies, for appearances and representations during investigation

Insights

Further reading.

Informational notes on developments in Indian law and procedure, and on questions clients often ask. They are general in nature and are not a substitute for advice on your own facts.
Read the insights

Begin with a conversation.

A consultation of about an hour with an advocate of the firm, to understand your position and the options open to you. Fees are discussed and agreed beforehand.