Practice Area
Criminal Law
Expert criminal defense and prosecution support
Maximum time to produce accused before Magistrate
New criminal codes effective from July 2024
Default chargesheet filing deadline
Criminal courts across India
Overview
Criminal law in India has undergone a historic transformation with the enactment of three new criminal codes—the Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Bharatiya Sakshya Adhiniyam (BSA), 2023—which replaced the colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act respectively. At NyaySevak, our criminal law practice is built on a deep understanding of both the legacy legislation and the new framework, ensuring that our clients receive cutting-edge defense and prosecution support at every stage of criminal proceedings.
From the moment an FIR is registered at the police station to the final appellate hearing before the Supreme Court, criminal proceedings in India follow a rigorous procedural path involving investigation, charge-sheeting, bail hearings, framing of charges, examination of prosecution and defense witnesses, arguments, judgment, and sentencing. Our team of experienced criminal lawyers handles the full spectrum—from securing anticipatory bail to prevent wrongful arrest, to defending complex trials involving economic offences, organized crime, cyber-crime, and offences against women and children.
We understand that being accused of a criminal offence is one of the most stressful experiences a person can face. Our approach prioritizes protecting our clients' fundamental rights under Articles 20, 21, and 22 of the Constitution of India, including the right against self-incrimination, the right to a fair trial, and the right to legal counsel. We meticulously analyze evidence, challenge procedural irregularities, cross-examine witnesses effectively, and build compelling defenses tailored to each case's unique facts.
Governing Framework
Key Legislation & Statutes
What We Offer
Our Criminal Law Services
Bail Applications (Regular, Anticipatory, Interim)
We file and argue bail applications at all levels—from the Magistrate's court to the Supreme Court. For anticipatory bail under Section 482 BNSS (formerly Section 438 CrPC), we prepare detailed applications demonstrating absence of flight risk and willingness to cooperate with investigation.
FIR Filing & Quashing
Assistance in lodging FIRs at police stations, filing complaints under Section 200 BNSS before Magistrates when police refuse to register FIRs, and pursuing quashing of FIRs under Section 528 BNSS (formerly Section 482 CrPC) before the High Court when cases are frivolous or malicious.
Criminal Trial Defense
Full-spectrum trial representation including cross-examination of prosecution witnesses, presenting defense evidence, filing discharge applications at the charge stage, and making final arguments. We handle sessions trials, warrant cases, and summons cases across all criminal courts.
White-Collar Crime Defense
Defense in cases involving financial fraud, embezzlement, cheating, forgery, corporate fraud, and offences under the Prevention of Corruption Act and PMLA. We work with forensic accountants and digital experts to build robust defenses.
Cyber-Crime Matters
Representation in cases involving hacking, identity theft, online fraud, phishing, cyber stalking, and data theft under the Information Technology Act, 2000 and the new BNS provisions. We assist in both filing complaints and defending against cyber-crime allegations.
Domestic Violence & 498A Cases
Defending persons accused under Section 85/86 BNS (formerly 498A IPC) for cruelty to married women, as well as representing victims under the Protection of Women from Domestic Violence Act, 2005. We approach these sensitive matters with discretion and legal precision.
Criminal Appeals & Revisions
Filing criminal appeals before Sessions Courts, High Courts, and the Supreme Court challenging convictions, acquittals, or sentencing. We also pursue criminal revision petitions to correct jurisdictional errors or procedural irregularities by lower courts.
Jurisdictions
Relevant Courts & Forums
Quick Reference
Services at a Glance
Common Questions
Frequently Asked Questions
What is the difference between a bailable and non-bailable offence in India?
Under the BNSS (and formerly the CrPC), bailable offences are generally less serious crimes where the accused has a right to be released on bail by the police or the court. Non-bailable offences are more serious crimes (such as murder, robbery, or offences punishable with imprisonment of 3 years or more) where bail is at the court's discretion. Even in non-bailable offences, bail can be granted based on factors like the nature of the accusation, severity of punishment, and likelihood of the accused fleeing.
How do I file an FIR if the police refuse to register it?
If the police refuse to register your FIR, you have several remedies under Indian law. You can approach the Superintendent of Police with a written complaint under Section 173(4) BNSS. Alternatively, you can file a private complaint directly before the Judicial Magistrate under Section 200 BNSS, who may direct the police to investigate. You can also file a writ petition before the High Court under Article 226 of the Constitution seeking a direction to register the FIR.
What is anticipatory bail and when should I apply for it?
Anticipatory bail under Section 482 BNSS (formerly Section 438 CrPC) is a pre-arrest bail that protects a person from being arrested in connection with a non-bailable offence. You should apply for anticipatory bail when you have reason to believe that you may be falsely implicated or arrested in a criminal case. The application is filed before the Sessions Court or the High Court, and the court considers factors like the nature of the accusation, the applicant's antecedents, and the possibility of the applicant fleeing from justice.
What are the new criminal laws in India that replaced the IPC and CrPC?
India enacted three new criminal statutes in 2023 that came into force on July 1, 2024: the Bharatiya Nyaya Sanhita (BNS) replacing the Indian Penal Code, 1860; the Bharatiya Nagarik Suraksha Sanhita (BNSS) replacing the Code of Criminal Procedure, 1973; and the Bharatiya Sakshya Adhiniyam (BSA) replacing the Indian Evidence Act, 1872. These new codes introduce provisions for electronic evidence, zero FIR, mandatory forensic investigation for offences carrying 7+ years imprisonment, and timelines for trials and judgments.
Can a criminal case be settled or compromised in India?
Yes, certain criminal cases can be compounded (settled) under Section 359 BNSS (formerly Section 320 CrPC). Offences listed in the compounding table can be settled with the permission of the court or even without it, depending on the offence. Additionally, the High Court can quash criminal proceedings under Section 528 BNSS if parties have settled the matter, particularly in matrimonial and commercial disputes. However, serious offences like murder, rape, and offences against the State cannot be compounded.
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