Atreya LegalAdvocates & Legal Consultants

Criminal Law

Bail, trial defence, quashing and appeals under the new criminal codes.

Overview

What is criminal law practice?

Criminal law practice covers every stage of a criminal case, from the first information report to the final appeal. Atreya Legal represents accused persons and complainants in bail, investigation, trial, quashing and appellate proceedings under the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the Indian Penal Code and the Code of Criminal Procedure on 1 July 2024.

Practice group
Criminal law
Principal statute
Bharatiya Nyaya Sanhita, 2023
Heard before
Magistrate courts, Sessions Courts, High Courts
Scope

What the practice covers

  • Anticipatory and regular bail

    Applications before Sessions Courts and High Courts, including bail after charge sheet and default bail.

  • Advice during investigation

    Responding to notices to appear, searches, seizures and requests for documents.

  • Trial defence

    Framing of charge, cross-examination of prosecution witnesses, defence evidence and final arguments.

  • Quashing of FIRs and proceedings

    Petitions under Section 528 of the BNSS, earlier Section 482 of the CrPC, before the High Court.

  • Appeals and revisions

    Appeals against conviction, suspension of sentence and criminal revisions.

  • Complainant representation

    Registration of FIRs, private complaints before Magistrates and assistance to the prosecution.

Law and forums

Statutes and courts

Governing statutes

  • Bharatiya Nyaya Sanhita, 2023
  • Bharatiya Nagarik Suraksha Sanhita, 2023
  • Bharatiya Sakshya Adhiniyam, 2023
  • Indian Penal Code, 1860 and CrPC, 1973 for offences before 1 July 2024

Courts and authorities

  • Magistrate courts
  • Sessions Courts
  • High Courts
  • Supreme Court of India
Questions

Common questions on criminal matters

Which law applies to an offence committed before 1 July 2024?

The Indian Penal Code, 1860 continues to define offences committed before 1 July 2024. The Bharatiya Nyaya Sanhita, 2023 applies to offences committed on or after that date.

Can an FIR be quashed?

Yes. A High Court can quash an FIR or criminal proceedings under Section 528 of the BNSS where the allegations, taken at face value, disclose no offence or where the proceedings are an abuse of the process of the court.

Contact

Discuss a criminal matter with the firm.

Write or call with a short account of the facts and the papers you hold. The firm will tell you whether it can act and what the first step is.

Before you continue

Disclaimer

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The firm is not liable for any action taken in reliance on material on this website. For advice on your own facts, consult an advocate.

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