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Criminal & Cyber Law

Criminal Procedure

An overview of the criminal process under the BNSS, from FIR to appeal, and the rights at each stage.

DLP's chamber: No. 548, A Block, High Court, Lucknow

What the law says

Since 1 July 2024, criminal procedure is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), offences by the Bharatiya Nyaya Sanhita, 2023 (BNS) and evidence by the Bharatiya Sakshya Adhiniyam, 2023 (BSA). They replaced the CrPC, the IPC and the Indian Evidence Act. Cases registered before that date generally continue under the old laws. The main stages are the FIR or complaint, investigation, police report, cognizance, charge, trial, judgment and appeal. Constitutional rights, including those under Articles 20, 21 and 22, apply at every stage.

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.

Held in confidence. Used only to contact you.

Frequently Asked Questions

Which law applies to my case, the old or the new?

Broadly, matters pending or registered before 1 July 2024 continue under the CrPC and IPC, and later matters fall under the BNSS and BNS. Some transitional questions depend on the facts, so check with your advocate.

What must I be told when arrested?

The grounds of arrest, the right to bail where the offence is bailable, and that a relative or friend can be informed. An arrest memo is prepared and you must be produced before a Magistrate within 24 hours.

What if the police refuse to register my FIR?

You can send the substance of the complaint in writing to the Superintendent of Police, and you can also apply to the Magistrate, who can direct registration or take cognizance on a complaint.

What is a chargesheet?

The police report filed in court at the end of the investigation, setting out the evidence collected. The court then decides whether to take cognizance and proceed.

Attorneys Handling This Service

Avinash Pratap Singh

Managing Partner

Oudh Bar

Languages: English, Hindi, Urdu

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Ambrish Kashyap

Associate Advocate

Lucknow Bar

Languages: English, Hindi, Urdu

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