Criminal Law Practice | Shaivy Law Office - BNSS & CrPC Criminal Defense

Criminal Law Practice

With the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) effective from July 1, 2024, India's criminal procedure has undergone significant changes. The BNSS replaces the Code of Criminal Procedure, 1973 (CrPC) with 531 sections (against 484 in CrPC) [citation:3].

Bail Applications: Regular and anticipatory bail under BNSS/CrPC
Quash Petitions: Section 482 CrPC / Corresponding BNSS provisions
FIR Complaints: Filing and challenging FIRs
Criminal Defense: Trial representation
Cybercrime Cases: Digital crime matters
Criminal Appeals: Appeals and revisions

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BNSS: Key Changes

The BNSS introduces several significant changes to criminal procedure [citation:3]:

Zero FIR: Section 173 allows FIR filing across police station boundaries
E-FIR: Electronic filing of FIRs with signature within 3 days
Forensic Investigation: Mandatory for offences punishable with 7+ years
Video Recording: Mandatory videography of search and seizure (Section 105)
Timelines: Judgment within 30-45 days of arguments (Section 258)
Electronic Mode: All trials, inquiries in electronic modes (Section 530)

Our criminal law services are provided in compliance with the Advocates Act, 1961 and Bar Council of India Rules.

Practice Areas

Criminal Law Practice Areas

Information about criminal law practice under BNSS and CrPC.

Bail Applications

Legal assistance for bail under BNSS/CrPC:

Anticipatory Bail
Regular Bail
Interim Bail
Bail in Non-Bailable Offenses
Bail Modification
Bail Compliance

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Quash Petitions

Assistance with quash petitions:

Quash of FIR
Quash of Criminal Proceedings
Quash of Summons
Abuse of Process Petitions
High Court Representation

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FIR Complaints

Legal assistance with FIR complaints under BNSS:

Filing FIR Complaints (Including Zero FIR)
Challenging False FIRs
Anticipatory Bail for FIRs
Quash of FIRs
Complaint to Magistrate

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Criminal Defense

Representation in criminal trials:

Trial Representation
Evidence Analysis
Cross-Examination
Defense Strategy
Witness Examination
Sentencing Arguments

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Cybercrime Cases

Legal representation in cybercrime matters:

Cybercrime Defense
Digital Evidence Analysis
Online Fraud Cases
Data Theft Cases
Cyber Harassment
IT Act Compliance

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Criminal Appeals

Assistance with criminal appeals:

Criminal Appeals
Revisions Under BNSS/CrPC
Review Petitions
Execution of Sentences
Pardon and Remission

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Legal Framework

BNSS vs CrPC: Key Changes

Understanding the significant changes introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023.

CrPC (1973)

484 Sections in 37 Chapters
FIR Registration: Mandatory for cognizable offences
Preliminary Enquiry: Not codified
Police Custody: One stretch of 15 days (Section 167) [citation:6]
Metropolitan Magistrates: Separate system
Process Service: Traditional physical service
Timelines: Not specifically mandated

BNSS (2023)

531 Sections [citation:3]
Zero FIR: Across police station boundaries (Section 173) [citation:3]
Preliminary Enquiry: Codified for certain offences [citation:1]
Intermittent Police Custody: 15 days spread over 40/60 days (Section 187) [citation:6]
Metropolitan System Removed: Uniform system [citation:3]
Electronic Service: Summons via digital signature (Section 63) [citation:3]
Judgment Timeline: 30 days (extendable to 45 days) (Section 258) [citation:3]

Note: The BNSS came into effect on July 1, 2024, replacing the CrPC. The applicable law for offences registered before this date remains a subject of judicial interpretation [citation:9].

Information

Bail Applications Under BNSS

Information about bail provisions under the new criminal procedure code.

Types of Bail

Regular Bail: For arrested persons
Anticipatory Bail: For persons who anticipate arrest
Interim Bail: Temporary bail
Default Bail: If chargesheet not filed within time

Key BNSS Changes

Section 187(2): Intermittent police custody [citation:6]
Senior Citizen Protection: No arrest for 60+ with medical conditions without SP approval [citation:3]
Electronic Communication: Service through digital modes
Timelines: Stricter timelines for investigation

Factors for Bail

Nature and gravity of offense
Likelihood of tampering with evidence
Risk of absconding
Previous criminal record
Health and age of accused

Our Services

Bail application drafting and filing
Representation before courts
Bail condition compliance
Modification of bail conditions

Information

Quash Petitions (Section 482 CrPC)

Information about the inherent powers of High Courts to quash criminal proceedings.

What is a Quash Petition?

Section 482 of the Code of Criminal Procedure (CrPC) preserves the inherent powers of the High Court to quash criminal proceedings to prevent abuse of process of court [citation:8].

Grounds for Quash

FIR does not disclose a cognizable offense
Abuse of process of law
False or malicious prosecution
Settlement between parties
Lack of evidence

Process

Filing before High Court
Notice to prosecution
Hearing and arguments
Order quashing or dismissing
Appeal to Supreme Court

Our Services

Quash petition drafting and filing
Representation before High Court
Settlement and compounding
Appeals against quash orders

BNSS Change

Preliminary Enquiry Under BNSS

Information about the codification of preliminary enquiry and its impact on FIR registration.

Under CrPC

The concept of preliminary enquiry was not codified under the CrPC but was read into it by judicial pronouncements. In Lalita Kumari v. Government of Uttar Pradesh, the Supreme Court held that registration of an FIR is mandatory if the information discloses a cognizable offence [citation:1].

Under BNSS

Section 173(3) of BNSS codifies preliminary enquiry for cognizable offences punishable with imprisonment of three years or more but less than seven years. The police may, with prior approval, conduct a preliminary enquiry within 14 days [citation:1].

Key Change

The BNSS makes a significant departure from the Lalita Kumari ratio. The Supreme Court in Imran Pratapgadhi v. State of Gujarat held that for offences punishable with 3-7 years, the police has discretion to conduct a preliminary enquiry [citation:1].

Impact

This change raises conceptual challenges about the threshold of 'prima facie case' and its difference from 'disclosure of a cognizable offence' [citation:1].

Information

FIR Complaints Under BNSS

Information about the new FIR registration process under the Bharatiya Nagarik Suraksha Sanhita.

Zero FIR

Section 173 of BNSS introduces Zero FIR, allowing registration of an FIR regardless of the jurisdiction where the offence was committed [citation:3].

E-FIR

BNSS allows filing of information through electronic communication. The signature must be obtained within 3 days [citation:3].

Preliminary Enquiry

For offences punishable with 3-7 years, police may conduct a preliminary enquiry [citation:1].

Our Services

Filing FIR complaints (including Zero FIR)
Challenging false or frivolous FIRs
Representation before Magistrate
Quash of FIR petitions

Our Process

How We Handle Criminal Cases

A structured approach to criminal defense under BNSS and CrPC.

01

Initial Consultation

Understanding your situation and assessing the legal options available.

02

Case Analysis

Reviewing documents, evidence, and developing a defense strategy.

03

Legal Action

Filing petitions and representing in court.

04

Resolution & Support

Providing post-case support.

Bar Council of India Compliance

Rule 36 Compliance Notice: This website is maintained by Shaivy Law Office for informational purposes only. No portion of this platform is intended to constitute solicitation, advertisement, or inducement for legal work.

No Legal Advice: The content provided does not constitute legal advice and should not be relied upon as such. For legal advice specific to your case, consult a qualified legal professional.

No Attorney-Client Relationship: Accessing this website or communicating through this platform does not by itself create an advocate-client relationship.

FAQ

Frequently Asked Questions

Common questions about criminal law practice under BNSS and CrPC.

What is the difference between BNSS and CrPC?

The BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) replaces the CrPC effective from July 1, 2024. It introduces 531 sections, modernizes procedures, mandates electronic communication, introduces Zero FIR, and sets stricter timelines [citation:3].

What is anticipatory bail?

Anticipatory bail is a pre-arrest bail that can be applied for when a person anticipates arrest in a non-bailable offense. The application can be filed before the Sessions Court or High Court.

What is a quash petition?

A quash petition is filed before the High Court to quash criminal proceedings, FIR, or summons when they are frivolous, malicious, or an abuse of the process of court [citation:8].

What is Zero FIR?

Zero FIR, introduced under Section 173 of BNSS, allows registration of an FIR regardless of the jurisdiction where the offence was committed [citation:3].

What are the new timelines under BNSS?

BNSS introduces stricter timelines: judgment must be pronounced within 30 days of arguments (extendable to 45 days), and trials must be conducted daily [citation:3].

How does the preliminary enquiry work under BNSS?

For cognizable offences punishable with 3-7 years imprisonment, the police may conduct a preliminary enquiry to determine if a prima facie case exists [citation:1].

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