Overview
Since 1 July 2024, criminal cases are governed by the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam, with the old codes continuing for earlier proceedings. The firm represents accused persons and complainants before Magistrates, Sessions Courts and the High Court, with particular attention to liberty: bail, the legality of arrest and the right to a fair trial.
Statutory framework
- Bail — Section 478 (bailable offences), Section 480 (non-bailable offences), Section 482 (anticipatory bail) and Section 483 (special powers of the High Court and Court of Session), BNSS.
- Arrest safeguards — Sections 35, 47 and 58 BNSS: notice of appearance, the right to know the grounds of arrest, and production before a Magistrate within 24 hours.
- Quashing — Section 528 BNSS (formerly Section 482 CrPC).
- Special statutes — including the NDPS Act, 1985, where bail is subject to stricter conditions.
Common situations
- Apprehension of arrest after an FIR or complaint.
- Arrest and the first production before the Magistrate.
- FIRs arising from civil or commercial disputes.
- Trial: framing of charge, cross-examination and final arguments.
- Appeals and revisions against conviction or acquittal.
How the process usually runs
- Review the FIR and the offences alleged.
- Anticipatory bail before the Sessions Court or High Court, where arrest is feared.
- Regular bail after arrest, before the Magistrate or Sessions Court.
- Quashing petition before the High Court where the FIR discloses no offence or is an abuse of process.
- Trial and appeal.
Documents to keep ready
- FIR copy or complaint
- Any notice received from the police
- Previous bail or court orders
- Identity proof and address proof
- Documents supporting your version of events
Frequently asked questions
When should I apply for anticipatory bail?
As soon as there is a reasonable apprehension of arrest in a non-bailable offence, for example after an FIR naming you is registered.
Do the old CrPC sections still apply?
For proceedings pending before 1 July 2024 the old law generally continues; new cases fall under the BNSS. The applicable law should be checked case by case.
Can an FIR be cancelled?
The High Court can quash an FIR under Section 528 BNSS in suitable cases, for example where the allegations do not disclose an offence or the dispute is purely civil.