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Pravesh DabasAdvocate Delhi, India

01 · Litigation & Disputes

Criminal Law

Criminal law deals with offences against the State and society, and with the procedure by which they are investigated, tried and appealed. It covers both the person accused and the person who complains of an offence.

What this covers

  1. 01Bail and anticipatory bail
  2. 02First information reports (FIRs) and private criminal complaints
  3. 03Trials before magistrates and sessions courts
  4. 04Quashing of proceedings before the High Court
  5. 05Criminal appeals and revisions
  6. 06Proceedings under special statutes

How it generally works

Since 1 July 2024, criminal law in India has been governed mainly by the Bharatiya Nyaya Sanhita, 2023 (offences), the Bharatiya Nagarik Suraksha Sanhita, 2023 (procedure) and the Bharatiya Sakshya Adhiniyam, 2023 (evidence), which replaced the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act. Older matters may still be governed by the earlier laws.

A case usually begins with a police complaint or FIR, or with a complaint filed directly before a magistrate. After investigation, the police file a report; if the court takes cognisance, charges are framed and the matter proceeds to trial, where evidence is led by both sides.

A person who expects to be arrested may apply for anticipatory bail; a person in custody may apply for regular bail. Decisions can be challenged before higher courts by way of appeal or revision, and the High Court may in suitable cases quash proceedings.