Criminal law

Criminal work at SN Law Chambers is concerned with the liberty of the accused, the rights of the complainant, and the procedure the investigating agency and the court are required to follow. Since 1 July 2024, the principal codes are the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA). The Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 continue to matter for offences and proceedings that arose before that date. Advice depends on which code governs the case, the stage of the proceeding, and the documents actually on record.

Open the Medchal note — Criminal defence and bail in Medchal and Hyderabad

Scope of work

• First information, complaints and quashing of criminal proceedings where the law permits
• Anticipatory bail and regular bail
• Representation during investigation, including production, interrogation and remand
• Trial defence before magistrates and sessions courts
• Appeals, revisions and applications arising from criminal orders
• Matters involving allegations of cheating, criminal breach of trust, hurt, and other BNS offences, as the brief requires

Typical issues

• Whether an FIR ought to have been registered, and whether the alleged facts disclose a cognizable offence
• Whether arrest is necessary, having regard to the nature of the allegation and the governing arrest safeguards
• Whether anticipatory bail under Section 482 of the BNSS (corresponding in substance to former Section 438 of the CrPC) is available on the facts
• Conditions of bail, sureties, and applications to modify or cancel bail
• Discharge, framing of charge, and the evidence the prosecution must lead
• Compounding, plea bargaining and other statutory exits where they apply

Applicable Indian statutes

Procedure

A criminal matter usually moves from information or complaint, to investigation (if a cognizable offence is alleged), to a decision on arrest or appearance, to bail, to a police report or process, and then to trial. At each stage the court looks at different papers: the FIR or complaint, medical or forensic material if any, the case diary, the remand report, and later the charge-sheet. Strategy that is appropriate at the bail stage is not always appropriate at trial. The chambers will not advise a client to withhold a document the court is entitled to see, or to treat a social-media allegation as a substitute for the record.

Typical legal remedies

• Anticipatory bail or regular bail, with or without conditions
• Directions against illegal arrest or detention, where the facts support them
• Quashing of an FIR or complaint in an appropriate High Court proceeding
• Discharge or acquittal after trial
• Appeal or revision against conviction, sentence or an interlocutory order, as maintainable
• Compensation or other statutory consequences only where the court is empowered to grant them

Documents commonly relevant

• FIR, complaint, or notice received from the police or court
• Remand papers, bail orders and surety documents
• Medical, financial or electronic records the allegation depends on
• Identity documents and proof of residence for bail
• Any prior criminal record, including pending cases — concealment damages credibility
• Correspondence, contracts or bank records if the allegation is commercial in character

Important considerations

• Criminal liability is personal. Outcomes turn on facts, the quality of the investigation, and the evidence that is actually proved.
• No advocate can guarantee bail, quashing or acquittal. Statements of that kind are not made by this chambers.
• Pre-trial publicity, parallel civil claims and family disputes often sit alongside the criminal case and must be managed, not ignored.
• Limitation, territorial jurisdiction and the date of the alleged offence decide which code applies.