Criminal & Cyber Law
Defence at Trial
Preparing and conducting the defence: testing the prosecution's evidence and presenting the accused's side.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
A criminal defence tests whether the prosecution has proved its case beyond reasonable doubt. That involves examining the chargesheet and documents, seeking discharge where the material does not disclose an offence, cross-examining prosecution witnesses, raising legal objections to evidence under the Bharatiya Sakshya Adhiniyam, 2023, and, where useful, leading defence evidence. Judges, not juries, decide criminal cases in India. No advocate can promise an outcome; the result depends on the evidence and the court.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
What does preparing a defence involve?
Reading the chargesheet and documents supplied, identifying gaps and contradictions, deciding whether to seek discharge, preparing cross-examination and identifying any defence witnesses or documents.
Must the accused give evidence?
No. The accused cannot be compelled to be a witness against themselves (Article 20(3)). They may choose to give evidence on oath in their defence, which is a decision to take with your advocate.
What is discharge?
Before a charge is framed, the court can discharge the accused if the material does not give sufficient grounds to proceed. This ends the case at that stage, subject to revision by a higher court.
What happens if the accused is acquitted?
The accused is released from the charge. The State or complainant may appeal within the time allowed, and the acquittal is final once any appeal is decided or the time passes.
Attorneys Handling This Service
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