A criminal lawyer in Panchkula advises and represents persons who are accused of an offence, and persons who are complainants or victims, at every stage of a criminal case. The advocates of Aggarwal Associates appear in criminal matters before the Punjab & Haryana High Court, the Sessions Court and Judicial Magistrates at Panchkula, and the courts at Chandigarh.
The new criminal codes
The Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act with effect from 1 July 2024. They govern offences committed on or after that date. For incidents that took place before 1 July 2024, the substantive offence continues to be dealt with under the IPC, and the case is generally taken forward under the CrPC procedure as saved by the BNSS. The date of the alleged incident therefore decides which statute applies. This page gives the BNSS section first and the old CrPC section in brackets, because many people still search by the old numbers.
Stages of a criminal case
FIR or complaint
A criminal case usually begins with an FIR recorded by the police for a cognizable offence, or with a complaint filed before a Magistrate. An FIR may be registered at any police station irrespective of where the incident occurred (a "zero FIR"), and is then transferred. The contents of the FIR matter, because they define the allegation that the accused must answer.
Investigation, arrest and rights of the accused
The police investigate by recording statements, collecting material and, where required, arresting the accused. Arrest is not automatic in every case. Where the police do not arrest, Section 35 BNSS (formerly Section 41A CrPC) permits them to issue a notice of appearance, and the person is not to be arrested so long as he or she complies with the notice and cooperates. The Supreme Court in Arnesh Kumar v. State of Bihar (2014) directed that police must record reasons before arresting in offences punishable with imprisonment of up to seven years. A person who is arrested has the right to be told the grounds of arrest, to have a relative or friend informed, to consult an advocate and to be produced before a Magistrate within 24 hours.
Bail
Bail may be sought before arrest (anticipatory bail) or after it. The firm's work on this subject is explained on the page on bail and anticipatory bail. Where the investigation is not completed within the period fixed by law, the accused may also have a right to default bail under Section 187 BNSS (formerly Section 167(2) CrPC).
Chargesheet, charge and trial
On completing the investigation, the police file a report (the chargesheet) before the Magistrate. The court then considers whether there is sufficient ground to proceed. If a charge is framed, the prosecution leads evidence, defence cross-examines the witnesses, the accused is examined on the incriminating circumstances, and the defence may lead its own evidence. Matters triable by a Magistrate are tried at the Judicial Magistrate's court; serious offences are committed to the Sessions Court. The duration of a trial depends on the court's docket and the number of witnesses, and cannot be stated in advance.
Judgment and appeal
After arguments, the court pronounces judgment. A conviction or an acquittal may be challenged by appeal or revision before the Sessions Court or the High Court, depending on the court that passed the order. Limitation and the form of the remedy depend on the facts.
Types of criminal matters handled
The firm's advocates handle matters including:
- offences against the human body and against property, such as hurt, criminal intimidation, theft, trespass and mischief;
- cheating, criminal breach of trust, forgery and other fraud-related allegations;
- matrimonial cruelty and related complaints, which often run alongside proceedings described on the page on maintenance, child custody and domestic violence;
- cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS), where the stringent bail conditions of Section 37 of that Act apply;
- cyber offences under the Information Technology Act, 2000 and the BNS;
- economic offences, including offences investigated by agencies such as the Enforcement Directorate;
- prosecution under the Income-tax Act, 1961;
- dishonour of cheques under Section 138 of the Negotiable Instruments Act, 1881, described on the page on cheque bounce cases.
Quashing of FIR before the High Court
Where an FIR or complaint discloses no offence, or where the dispute is essentially private and has been settled, a petition for quashing may be filed before the Punjab & Haryana High Court under Section 528 BNSS (formerly Section 482 CrPC), which preserves the inherent powers of the High Court to prevent abuse of the process of court and to secure the ends of justice. The Supreme Court has laid down categories in which quashing may be considered, including State of Haryana v. Bhajan Lal (1992). Quashing on the basis of a compromise is not available for every offence; serious offences affecting society are treated differently from offences that are primarily private in nature. Maintainability depends on the allegations and the stage of the case. Further details on the High Court work of the firm are on the page on the High Court lawyer in Chandigarh.
A criminal lawyer in Panchkula for complainants and victims
Complainants and victims have rights in the process: to lodge an FIR, to approach the Magistrate if the police do not register it, to engage an advocate to assist the public prosecutor, and to file a protest petition against a closure report. The firm's advocates act for complainants and victims as well as for accused persons, and they take up each matter on its own facts.
Forums where the firm appears
- Punjab & Haryana High Court, Sector 1, Chandigarh, for bail, quashing, revision, appeal and related petitions;
- Sessions Court and Judicial Magistrates, District Courts, Sector 1, Panchkula;
- District Courts, Sector 43, Chandigarh, for matters arising in the Union Territory.
Matters from Zirakpur, Mohali, Pinjore and Kalka also come before these courts; see the page on the lawyer in Chandigarh.
Frequently asked questions
Which law applies if the incident happened before 1 July 2024?
The offence is generally governed by the IPC as it stood on the date of the incident, while procedure under the BNSS applies as provided in its saving clause. The correct position depends on the date of the offence and the stage of the case.
What should a person do on receiving a notice under Section 35 BNSS?
The notice requires the person to appear before the police officer at the stated time and place. Compliance with the notice is important, because the law protects against arrest only so long as the notice is complied with and the person cooperates. An advocate can review the notice and the FIR before the appearance.
Can an FIR be quashed if the parties settle?
The High Court may consider quashing under Section 528 BNSS on the basis of a settlement in appropriate cases, usually where the dispute is primarily private. It does not follow in every case, and serious offences are treated differently. The decision rests with the court.
What documents are useful in a criminal matter?
A copy of the FIR or complaint, any notice received, arrest or remand papers, the chargesheet if filed, earlier orders, identity documents and any relevant messages, receipts or agreements. The list varies with the stage of the case.
The office address and telephone numbers are on the contact page.
This page is general information, not legal advice. Laws and procedures change; the position in your matter depends on its facts.