Written and reviewed by Adv. Tanmay S. Shirsat, Advocate, High Court of Bombay. Consultations in English, Hindi and Marathi, in person or by video call. Last updated October 2026.
Criminal Law After 1 July 2024
Offences committed on or after 1 July 2024 are governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), with procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and evidence under the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Earlier offences generally continue to be dealt with under the Indian Penal Code and the related laws. Identifying the correct law at the outset is essential to every defence.
Stages of a Criminal Case
- FIR and investigation: Advice on police notices, statements and the rights of the accused.
- Charge-sheet: Scrutiny of the police report and the documents relied on by the prosecution.
- Discharge or framing of charge: Arguing for discharge where the material does not disclose an offence.
- Trial: Cross-examination of prosecution witnesses, the accused's statement and defence evidence.
- Judgment: Final arguments on the evidence and the law.
Quashing of FIRs and Proceedings
The High Court of Bombay has inherent power, now preserved in Section 528 of the BNSS, to quash an FIR or criminal proceedings to prevent abuse of the process of the court or otherwise to secure the ends of justice. Quashing may be considered where the allegations, even if accepted, do not disclose an offence, where the dispute is essentially civil, or where the parties have settled certain kinds of disputes.
Quashing is a discretionary remedy. Whether it is appropriate depends on the facts and the nature of the offence.
Revisions and Appeals
Orders passed during a criminal case, such as the framing of a charge or the refusal of discharge, may be challenged in revision. After judgment, an appeal may be filed against conviction or sentence, together with an application for suspension of sentence and bail pending the appeal. Time limits apply to each of these remedies, so advice should be taken promptly.
Matters Commonly Handled
- Offences against the person and against property
- Cheating, criminal breach of trust and forgery
- Matrimonial offences, including cruelty and dowry-related cases
- Offences under the NDPS Act
- Cheque dishonour complaints under Section 138 of the Negotiable Instruments Act
- Applications for return of seized property and for permission to travel