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Practice area · Indian legal practice

Criminal Litigation

IPC / BNS, CrPC / BNSS — bail, FIR quashing, trials, appeals.

Criminal practice in India covers everything from FIR registration through trial and appellate proceedings. Practitioners work across the substantive code (IPC, transitioning to BNS — Bharatiya Nyaya Sanhita 2023) and the procedural code (CrPC, transitioning to BNSS — Bharatiya Nagarik Suraksha Sanhita 2023). Bail applications, Section 482 quashing petitions, and appeals against conviction are everyday work in the High Courts and Supreme Court.

Key statutes

Bharatiya Nyaya Sanhita (BNS)2023

Substantive criminal code — replaced the IPC. Defines offences and punishments.

Bharatiya Nagarik Suraksha Sanhita (BNSS)2023

Procedural code — replaced the CrPC. Investigation, arrest, trial, appeals, bail.

Bharatiya Sakshya Adhiniyam (BSA)2023

Evidence law — replaced the Indian Evidence Act 1872.

Indian Penal Code (IPC)1860

Continues to apply to offences pre-1 July 2024 (BNS effective date).

Code of Criminal Procedure (CrPC)1973

Continues to apply to investigations and trials initiated under it pre-BNSS.

Indian Evidence Act1872

Continues to apply to proceedings initiated under it pre-BSA.

Prevention of Money Laundering Act (PMLA)2002

Special prosecutorial regime for predicate-offence-linked money laundering.

Narcotic Drugs and Psychotropic Substances Act (NDPS)1985

Special procedure with Section 37 bail bar for commercial-quantity cases.

Primary forums

  • Magistrate Courts (Judicial Magistrate First Class, Chief Judicial Magistrate, Metropolitan Magistrates)
  • Sessions Courts
  • Special Courts (POCSO, NIA, NDPS, PMLA, CBI)
  • High Court — Section 482 BNSS / 482 CrPC quashing, criminal appeals, criminal revisions
  • Supreme Court of India — appeals and SLPs

Common matters

  • Bail applications — regular, anticipatory, default
  • Section 482 BNSS / CrPC quashing petitions
  • Discharge applications under Section 227 CrPC
  • Appeals against conviction
  • Revisions under Section 397 CrPC / corresponding BNSS
  • Criminal complaints under Section 200 CrPC / corresponding BNSS
  • Cheque-bounce matters under Section 138 of the Negotiable Instruments Act 1881

Limitation periods

Limitation periods for criminal appeals and revisions vary by forum and are governed by Section 374-389 BNSS and the Limitation Act 1963 Schedule. Standard appeal periods: 30 days from conviction in most fora; condonation requires sufficient cause under Section 5 of the Limitation Act.

CourtNetra workflow for criminal litigation

Criminal matters in CourtNetra are tagged by stage (investigation, trial, appellate). Bail-application drafts are pre-filled from the matter record (FIR number, Section invoked, custody dates). NyayaLens AI surfaces precedent — Section 482 quashing principles, anticipatory-bail tests, NDPS Section 37 jurisprudence — with verified citations. The hearing-diary digest aggregates all bail and trial dates so a busy criminal lawyer never misses a peshi across multiple courts.

Related templates in the free library: Bail applications, Section 482 petitions, Cheque-bounce complaints. Browse templates.

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