Criminal Defence
Defence of accused persons before the Magistrate Courts and the City Civil & Sessions Court at Bangalore, and in petitions before the High Court of Karnataka.
The new criminal codes
With effect from 1 July 2024, three new statutes replaced the framework that had governed criminal law in India for over a century. The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act.
Offences committed before that date continue to be investigated, tried and disposed of under the earlier codes by virtue of the savings provisions, so the courts at Bangalore are presently running both regimes side by side. Identifying which code applies to a given case is one of the first questions in any current criminal matter.
Bail Applications
Anticipatory bail under Section 482 of the BNSS is a direction that a person be released on bail in the event of arrest. It is applied for before arrest and is granted by the Court of Session or the High Court. Regular bail under Section 480 is sought once a person is in custody, and Section 483 confers special powers on the High Court and the Court of Session in the matter of bail.
Where the investigating agency fails to complete its investigation within the statutory period, the accused becomes entitled to release on default bail under Section 187 — ninety days where the offence is punishable with death, imprisonment for life or imprisonment for ten years or more, and sixty days otherwise. This right must be claimed before the charge sheet is filed.
Anticipatory bail (Section 482 BNSS)
Regular bail (Sections 480 and 483)
Default bail under Section 187
Interim bail and surrender applications
Modification of bail conditions
Cancellation of bail — opposing and defending
Trial Defence, Quashing & Appeals
Defence at trial before the Magistrate and Sessions Courts, from framing of charge through cross-examination to final arguments. Where a prosecution is an abuse of process or discloses no offence, a petition to quash the proceedings may be brought before the High Court under Section 528 of the BNSS, which preserves the inherent powers of the High Court, applying the principles laid down in State of Haryana v. Bhajan Lal (1992).
Defence at trial and framing of charge
Discharge applications
Quashing petitions (Section 528 BNSS)
Criminal appeals and revisions
Suspension of sentence pending appeal
Private complaints and protest petitions
Cheque Bounce & Economic Offences
Dishonour of a cheque for insufficiency of funds is an offence under Section 138 of the Negotiable Instruments Act, 1881. The timeline is strict: a demand notice must be issued within thirty days of receiving the bank's return memo, the drawer has fifteen days to pay, and the complaint must be filed within thirty days of that period expiring. Section 139 raises a presumption in favour of the holder that the cheque was issued for a debt or liability, which the accused must rebut.
Economic and white-collar matters — including offences of cheating and criminal breach of trust under the Bharatiya Nyaya Sanhita, and cyber offences under the Information Technology Act, 2000 — are also handled, both for complainants and in defence.
Section 138 complaints and defence
Statutory demand notices
Cheating and criminal breach of trust
Cyber offences under the IT Act 2000
Compounding and settlement of matters
Company officer liability under Section 141
Applicable Laws: Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, Bharatiya Sakshya Adhiniyam 2023, Negotiable Instruments Act 1881, Information Technology Act 2000, Protection of Women from Domestic Violence Act 2005, and the Indian Penal Code 1860 and Code of Criminal Procedure 1973 for offences committed before 1 July 2024.
Criminal Defence — Frequently Asked
Which law now governs criminal cases in India?
From 1 July 2024 three new codes took effect — the Bharatiya Nyaya Sanhita, 2023 in place of the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam, 2023 in place of the Indian Evidence Act. Offences committed before that date continue under the old codes by virtue of the savings provisions, so the courts are running both regimes in parallel and will do so for years.
What is the difference between regular and anticipatory bail?
Anticipatory bail under Section 482 of the BNSS is applied for before arrest and operates as a direction that the applicant be released on bail in the event of arrest. It is granted only by the Court of Session or the High Court. Regular bail under Section 480 is sought after arrest, when the person is already in custody. Section 483 gives the High Court and the Court of Session special powers in the matter of bail, including where a Magistrate has refused it.
What is default bail and when does it arise?
If the investigating agency does not complete its investigation and file the final report within the statutory period, the accused becomes entitled to be released on bail as of right, irrespective of the merits. Under Section 187 of the BNSS the period is ninety days for offences punishable with death, imprisonment for life, or imprisonment for ten years or more, and sixty days for other offences. The right is indefeasible but must be claimed before the charge sheet is actually filed — once it is filed, the entitlement is lost.
Can an FIR be quashed?
Yes, in appropriate cases. The High Court may quash an FIR or criminal proceedings in exercise of its inherent powers under Section 528 of the BNSS. The categories in which this power is exercised were set out by the Supreme Court in State of Haryana v. Bhajan Lal (1992) — for example where the allegations, even taken at face value, disclose no offence, where the proceeding is manifestly attended with mala fides, or where it is instituted with an ulterior motive. The power is exercised sparingly and not to weigh evidence at a preliminary stage.
What is the time limit for filing a cheque bounce complaint?
The timeline under Section 138 of the Negotiable Instruments Act, 1881 is strict and each step is a condition precedent. A written demand notice must be issued within thirty days of receiving the bank's return memo. The drawer then has fifteen days to make payment. If payment is not made, the complaint must be filed within thirty days of the expiry of that fifteen-day period. Missing any of these windows can defeat the complaint, though the court has power under the proviso to Section 142 to condone delay in filing on sufficient cause shown.