Editorial
Knowledge, Plainly Written
Long-form notes on the questions our individual and NRI clients ask most often. Written so you can decide whether you need a lawyer at all, and what to ask if you do.
Can criminal cases be transferred from one court to another?
What Does Transfer of Criminal Case Mean? The transfer of criminal case refers to the legal process of shifting a pending case from one court to another within India's judicial system. This may involve moving the case between lower courts in different districts, from one High Court's jurisdiction to another, or in exceptional circumstances, from multiple High Courts to the Supreme Court of India. The law recognizes that justice must not only be done but also be seen to be…
Read article · 18 min →What is the difference between discharge and acquittal?
What Is Discharge in a Criminal Case? Discharge is an order passed by a criminal court releasing the accused before the trial begins. It happens during the early stage when the Magistrate or Sessions Court examines the police report (chargesheet) and the documents submitted. If the court finds that there is no sufficient ground to proceed against the accused, it discharges the person. Discharge is covered under Section 245 of the Bharatiya Nagarik Suraksha Sanhita, 2023…
14 min read →What legal remedies are available against malicious prosecution?
What is Malicious Prosecution Under Indian Law? Malicious prosecution occurs when someone initiates criminal proceedings against another person without reasonable cause, with malicious intent, and those proceedings ultimately end in favor of the accused. This abuse of the legal system can devastate lives through financial loss, reputational damage, emotional trauma, and social stigma. Under the Bharatiya Nyaya Sanhita, 2023 (BNS) , deliberately filing false criminal…
17 min read →What are the stages of a criminal trial in India?
Legal Framework Governing the Criminal Trial Process The criminal trial process in India is now governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) , which came into effect on 1 July 2024. Criminal offences are defined under the Bharatiya Nyaya Sanhita, 2023 (BNS) , and the rules of evidence are governed by the Bharatiya Sakshya Adhiniyam, 2023 (BSA) . These three new criminal laws replaced the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and…
13 min read →Can criminal proceedings continue after a settlement?
What Is Settlement in Criminal Cases? Settlement in criminal cases refers to a resolution reached between the accused and the complainant to resolve the matter without continuing formal criminal proceedings. This typically involves a written agreement that may include payment of compensation, a formal apology, or mutual understanding not to pursue the matter further. Unlike civil disputes, where settlements automatically end litigation, criminal law operates differently.…
13 min read →What should you do after receiving a notice under Section 4A CrPC?
Understanding the Legal Framework Behind a Section 4A CrPC Notice Imagine opening your mailbox to find a formal document from the police. Your hands tremble as you read that you are required to appear before the investigating officer within a specified date. Your heart races. What does this mean? What should you do next? This is the reality for thousands of individuals across India who receive a Section 4A CrPC notice every year. Whether you are a businessperson, a salaried…
19 min read →What is discharge in a criminal case and when can it be sought?
Understanding Discharge in Criminal Cases: When and How to Seek Relief A young entrepreneur in Bangalore wakes up one morning to find police at his door. He's accused of fraud by a business partner. The case reaches the Magistrate, and his lawyer mentions something called a discharge application . He wonders: what does that mean? Can the case end before trial even begins? Discharge in criminal cases is a critical legal remedy available to an accused person during the early…
14 min read →What is the difference between bailable and non-bailable offences?
Understanding Bailable vs Non-Bailable Offences in India A young man gets arrested at midnight. His terrified family rushes to the police station, desperate to bring him home. The officer says, "This is a non-bailable offence. He will be produced before the Magistrate tomorrow." The family freezes. They have no idea what this means or what happens next. This confusion affects thousands of families across India every week. Understanding bailable vs non-bailable offences is…
18 min read →What is plea bargaining in criminal law?
What Is Plea Bargaining in India? Imagine standing in a criminal court, your case dragging for years, your reputation hanging by a thread, and legal fees draining your savings. What if there was a way to resolve your case quickly, reduce your punishment, and move forward with your life? Plea bargaining in India offers exactly that, a legal mechanism where an accused person can negotiate a reduced sentence by pleading guilty before trial. It's not about escaping justice; it's…
17 min read →How can an accused obtain certified copies of case records?
Understanding Certified Copies and Your Legal Right A certified copy is an official duplicate of a document filed in court, stamped and signed by an authorised court officer confirming its authenticity. Unlike photocopies or scanned documents, certified copies in criminal cases carry legal validity and can be used as evidence in subsequent proceedings. When you face criminal charges, access to court records becomes essential for building your defence or understanding the…
15 min read →What happens when a non-bailable warrant is issued?
What Is a Non-Bailable Warrant Under Indian Law? A non-bailable warrant is a court order directing the police to arrest an accused person and produce them before the court. Unlike a bailable warrant, the accused cannot be released on bail by the police. Bail can only be granted by the court itself, and even then, it is not guaranteed. The issuance of a non-bailable warrant is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) , which replaced the older Code of…
18 min read →How long can police custody and judicial custody last?
Understanding Police Custody vs Judicial Custody: Duration, Rights, and Legal Framework When a person is arrested in India, they enter a legal process that involves different types of detention. The distinction between police custody vs judicial custody defines where an individual is held, under whose control, and for how long. This knowledge is essential for anyone navigating the criminal justice system, whether you're facing arrest yourself or supporting a family member…
16 min read →Can evidence collected illegally be challenged in court?
Understanding Illegal Evidence in Criminal Trial Proceedings When police conduct a search without proper authorization, extract a confession through coercion, or tap a phone line without lawful permission, the evidence they obtain raises a fundamental question: can such illegal evidence in criminal trial proceedings be challenged in Indian courts? This question directly impacts the fairness of trials and the protection of constitutional rights. For anyone facing criminal…
21 min read →Can passports be impounded in criminal cases?
Understanding Passport Impoundment in Criminal Cases Imagine standing at the airport, boarding pass in hand, ready for a crucial business meeting abroad or a family emergency overseas. Suddenly, immigration officials inform you that your passport has been impounded and you cannot leave the country. Your plans collapse instantly. This scenario affects thousands of Indians every year. Passport impoundment is a legal mechanism that restricts an individual's freedom to travel…
19 min read →What is a Look Out Circular (LOC) and how can it be challenged?
Imagine this scenario: you book a flight to Dubai for an urgent business meeting, reach the airport early, complete check-in, and proceed to immigration. The officer scans your passport, pauses, makes a call, and within minutes you are told you cannot leave India. Your passport is valid, your visa is in order, yet you are stopped. The reason? A Look Out Circular India has been issued against you. This is not hypothetical. Thousands of Indian citizens and NRIs have faced this…
15 min read →What should you do immediately after an FIR is filed against you?
What Is an FIR and Why Does It Matter? A First Information Report (FIR) is the first formal step in criminal proceedings in India. It is a written document prepared by the police when they receive information about the commission of a cognizable offence. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) , which replaced Section 154 of the old Code of Criminal Procedure, 1973, an FIR sets the entire criminal justice machinery in motion. When an FIR…
15 min read →What is the difference between cognizable and non-cognizable offences?
What Are Cognizable and Non-Cognizable Offences? A woman in Delhi files a complaint about a stolen mobile phone at the local police station. The officer immediately registers an FIR and starts the investigation without waiting for any magistrate's permission. The next day, a shopkeeper complains about defamation by a competitor. This time, the police officer refuses to register an FIR and advises the shopkeeper to approach a magistrate directly. Why this difference in police…
17 min read →What are your legal rights during police interrogation?
What Police Interrogation Means Under Indian Law Police questioning is the process through which investigating officers ask you questions related to a criminal case. Interrogation may occur during investigation, after arrest, or even when you are summoned as a witness. Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) , police officers are authorized to question any person who may be acquainted with the facts and circumstances of a case. However, this…
20 min read →What is the process of filing a criminal complaint in India?
Understanding the Criminal Complaint Procedure in India When a crime is committed against you, knowing how to seek justice is essential. The criminal complaint procedure in India empowers citizens to directly approach the courts without always relying on police intervention. Whether you face fraud, assault, cheating, defamation, or any offense under the Bharatiya Nyaya Sanhita, 2023 (BNS) , understanding how to file a private complaint or magistrate complaint can help you…
14 min read →What happens after an arrest in a criminal case?
Understanding the Criminal Arrest Procedure Under Indian Law An arrest marks the beginning of a formal legal journey through India's criminal justice system. Whether it involves an allegation of theft, assault, fraud, or any other offense under the Bharatiya Nyaya Sanhita, 2023 (BNS) , understanding what happens after an arrest can significantly impact how you respond, protect your rights, and navigate the complexities ahead. The criminal arrest procedure in India is…
23 min read →Can criminal proceedings be settled through compromise?
Understanding Compounding of Offences: Can Criminal Proceedings Be Settled Through Compromise? Imagine receiving a legal notice informing you that a criminal complaint has been filed against you. Perhaps a business dispute escalated into a cheque bounce case, a family argument turned into domestic violence allegations, or a neighbourhood disagreement resulted in assault charges. The case is registered, police are involved, and court dates are fixed. Now both parties want to…
22 min read →How can false criminal cases be defended?
Understanding False Criminal Cases in Indian Law A false criminal case occurs when someone knowingly files a criminal complaint with fabricated facts, incorrect accusations, or exaggerated claims, usually with the intent to harass, intimidate, or wrongfully implicate an innocent person. The person filing such a case may do so for personal revenge, financial gain, property disputes, matrimonial conflicts, or business rivalry. Have you ever received a threatening phone call…
22 min read →