Kinds of cases
- Cheating, criminal breach of trust and forgery — Sections 318, 316 and 336–340 of the Bharatiya Nyaya Sanhita (formerly 420, 406 and 463–471 IPC), including complaints arising out of business dealings, investments, real-estate transactions and employment.
- Economic offences investigated by the Economic Offences Wing of Delhi Police, and cases under the Prevention of Money Laundering Act before the Special Court.
- Cyber crime — offences under the Information Technology Act, 2000 and the BNS involving online fraud, identity theft, data misuse, defamation and harassment.
- NDPS Act — possession, commercial-quantity and conspiracy cases, where compliance with Sections 42, 50 and 52A and the sampling procedure decides many trials.
- POCSO Act and sexual-offence cases before the Special Courts, for the accused and for victims.
- Offences against the person and property — assault, hurt, criminal intimidation (Section 351 BNS), theft, extortion, criminal trespass and house-breaking.
- Complaint cases under Section 223 BNSS (formerly 200 CrPC) and applications under Section 175(3) BNSS (formerly 156(3) CrPC) for registration of an FIR.
The stages, and what is done at each
Investigation. Responding to a notice under Section 35 BNSS, accompanying the client for questioning where permitted, protecting against arrest, and placing exculpatory material before the investigating officer so that it forms part of the record.
Charge. Arguing for discharge under Sections 250 or 262 BNSS (formerly 227/239 CrPC) where the chargesheet does not disclose a prima facie case, or for the framing of a lesser charge.
Evidence. Cross-examination of prosecution witnesses on the FIR, the seizure and recovery, the timeline, the forensic and electronic evidence (now governed by the Bharatiya Sakshya Adhiniyam, including the certificate requirement for electronic records under Section 63), and the investigating officer’s compliance with procedure.
Statement of the accused and defence evidence. The statement under Section 351 BNSS (formerly 313 CrPC), and leading defence witnesses and documents where they help.
Arguments, judgment and sentence. Final arguments on the law and the evidence, and, if there is a conviction, arguments on sentence, probation and set-off of custody already undergone.
Throughout, the chambers tracks limitation and default-bail dates, applies for supply of documents and the case diary where permitted, and seeks exemption from personal appearance where the client’s presence is not necessary.
Special Courts and Delhi practice
Sessions trials are conducted at the six district court complexes; PMLA cases before the designated Special Court at Patiala House; NDPS cases before the Special Judges; POCSO cases before the Special Courts constituted in each district. The Delhi High Court exercises revisional and appellate jurisdiction and hears petitions to quash.
For complainants
Where the police decline to register an FIR, the remedies are a complaint to the senior officer under Section 173(4) BNSS and an application to the Magistrate under Section 175(3) BNSS. Where the investigation is not proceeding, the chambers pursues supervision through the Magistrate or a petition to the High Court, and appears for the complainant at the stages of charge and evidence.
Documents to keep ready
- FIR or complaint, police notices, chargesheet and the documents relied upon by the prosecution
- Bail orders and the dates of custody
- Agreements, invoices, bank statements, emails and messages relevant to the transaction
- Electronic evidence in its original form (devices, account details) — do not delete anything
- Names and contact details of possible defence witnesses
Frequently asked questions
Do I have to answer questions if the police call me?
A person summoned under Section 35 or Section 179 BNSS must attend, but is not bound to make a statement that would incriminate them; statements to the police are not signed and, with limited exceptions, are not admissible as evidence. Take advice before attending, and attend with a written record of what was asked.
What is discharge, and when can it be sought?
Discharge is the trial court’s dismissal of the case at the stage of charge, before evidence, where the material on record does not disclose grounds for proceeding. It is argued after the chargesheet is filed and documents are supplied.
How long does a criminal trial take in Delhi?
It depends on the court, the number of witnesses and the conduct of the parties. Summons cases can conclude within a year or two; sessions trials commonly take longer. The BNSS sets timelines for several stages, and applications for expeditious trial are available for undertrials.
Can a criminal case and a civil suit run together on the same facts?
Yes. A civil suit for recovery or a criminal complaint for cheating can proceed in parallel, but where the dispute is essentially civil the High Court may quash the criminal case as an abuse of process.
Can I settle a criminal case?
Compoundable offences can be settled before the trial court under Section 359 BNSS with the court’s permission. Non-compoundable offences of a private nature can be closed through a quashing petition on settlement before the High Court.
Discuss your matter
Call or WhatsApp, or send a short summary online. Consultations are held in chambers or by video, with your documents.