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Criminal defence and complaints under the new criminal laws

In a criminal matter the first 48 hours often decide how the rest of the case goes. We advise on bail, protection from arrest and the right response to the police, and we also act for victims who need a complaint taken seriously.

Updated Reviewed by our legal team

Criminal Defence, ProudLegal
In short

Since 1 July 2024, criminal cases in India are governed by the Bharatiya Nyaya Sanhita (offences), the Bharatiya Nagarik Suraksha Sanhita (procedure) and the Bharatiya Sakshya Adhiniyam (evidence). A case usually starts with an FIR or complaint, moves to investigation and a charge sheet, and then to trial. Anyone who fears arrest can apply for anticipatory bail under Section 482 BNSS (old Section 438 CrPC), and false or settled FIRs can be challenged before the High Court.

What our criminal practice covers

We act both for people accused of offences and for people who have been wronged and want action. The work falls into these groups:

  • Liberty: regular, interim and anticipatory bail before Sessions Courts and High Courts.
  • Challenging the case itself: quashing of FIRs and proceedings that are false, abusive or settled.
  • Economic offences: cheating, forgery, criminal breach of trust, bank fraud and PMLA matters.
  • Cyber crime: online fraud, hacking, sextortion and defence in IT Act cases.
  • Family-linked offences: domestic violence, cruelty and dowry cases, for both sides.
  • Child protection: POCSO and Juvenile Justice matters, with care for the child at every step.

How a criminal case moves

For a cognizable offence the police register an FIR under Section 173 BNSS (old Section 154 CrPC). The BNSS allows a Zero FIR at any police station and e-FIRs, which the complainant must sign within three days. If the police refuse to register, the complainant can approach the Superintendent of Police and then the Magistrate.

During investigation the police may issue notice, arrest, search and seize, and record statements. If the investigation is not completed within 60 or 90 days (depending on the offence), an arrested person becomes entitled to default bail. After investigation the police file a charge sheet or a closure report, the court takes cognizance, charges are framed and the trial begins with prosecution evidence, the accused's statement, defence evidence and final arguments.

At any stage the accused can move the High Court under Section 528 BNSS (old Section 482 CrPC) to quash proceedings that disclose no offence or have been settled, and compoundable offences can be compromised before the trial court.

Timelines and costs in general terms

Bail applications are usually decided within days to a few weeks, and courts can grant interim protection on the first hearing in suitable anticipatory bail cases. Quashing petitions may take a few months. A full trial in a contested case can run for years, which is why the early stages, bail, quashing and a well-prepared defence, matter so much.

There is no court fee of note in criminal matters. Professional fees depend on the court, the offence, whether you need urgent hearing and how many appearances are involved. We quote a fee for each stage (bail, quashing, trial) in writing.

What to do first if you are accused or a victim

If you expect an FIR or have received a police notice, do not ignore it and do not give a written statement without advice. Collect your documents, messages and payment records, and speak to a lawyer the same day. If you are a victim of online fraud, report it immediately on the national cyber crime helpline 1930 or cybercrime.gov.in, because money can sometimes be frozen in the first hours. Victims of domestic violence can seek protection orders quickly under the Protection of Women from Domestic Violence Act, 2005.

Which service do you need?

Your situationService
You fear arrest in a case that has been or may be registeredBail & Anticipatory Bail
A family member has been arrested and needs bailBail & Anticipatory Bail
An FIR against you is false or the matter is settledFIR Quashing
You lost money to online fraud or your account was hackedCyber Crime
You are accused in a cheating, forgery or PMLA matterWhite Collar Crime & Fraud
You face cruelty, dowry demands or violence at homeDomestic Violence
A cruelty or dowry case has been filed against your familyDomestic Violence
A child has been abused or a POCSO case is registeredPOCSO & Child Protection

All criminal defence services

Please note: this page explains the law and procedure in general terms as on 30 October 2026. Fees, limits and timelines change, and the facts of each case matter, so take advice on your own papers before acting.

Frequently asked questions

What replaced the IPC and CrPC?

From 1 July 2024 the IPC was replaced by the Bharatiya Nyaya Sanhita, the CrPC by the Bharatiya Nagarik Suraksha Sanhita and the Evidence Act by the Bharatiya Sakshya Adhiniyam. Offences committed before that date are still tried under the old IPC.

Can I get anticipatory bail before an FIR is registered?

Yes, if you have a reasonable apprehension of arrest for a non-bailable offence. You must show the court specific facts that create that apprehension, not a general fear.

What is default bail?

If the police do not file a charge sheet within 60 or 90 days of arrest, depending on the offence, the accused gets a right to bail on applying for it. The right is lost if the charge sheet is filed before the application.

Can a criminal case be withdrawn after a compromise?

Compoundable offences can be compromised before the trial court. Non-compoundable offences need a High Court petition for quashing, which is often allowed in private disputes that have been genuinely settled.

Is it necessary to appear in person on every court date?

An accused must appear when required, but the court can grant exemption from personal appearance on application, and many routine dates can be attended by your lawyer.

Do I have to go to the police station if I receive a notice?

Yes, a notice to appear must be complied with, but you are entitled to legal advice and should take it before you go. Non-compliance can lead to arrest.

Not sure where your matter fits?

Describe it in a few lines and we will point you to the right service and fee.

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