Criminal Law
Bail, trial defence, quashing and appeals under the new criminal codes.
What is criminal law practice?
Criminal law practice covers every stage of a criminal case, from the first information report to the final appeal. Atreya Legal represents accused persons and complainants in bail, investigation, trial, quashing and appellate proceedings under the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the Indian Penal Code and the Code of Criminal Procedure on 1 July 2024.
- Practice group
- Criminal law
- Principal statute
- Bharatiya Nyaya Sanhita, 2023
- Heard before
- Magistrate courts, Sessions Courts, High Courts
- Advocate
- Adv. Bhawani Shanker Atrey
What the practice covers
Anticipatory and regular bail
Applications before Sessions Courts and High Courts, including bail after charge sheet and default bail.
Advice during investigation
Responding to notices to appear, searches, seizures and requests for documents.
Trial defence
Framing of charge, cross-examination of prosecution witnesses, defence evidence and final arguments.
Quashing of FIRs and proceedings
Petitions under Section 528 of the BNSS, earlier Section 482 of the CrPC, before the High Court.
Appeals and revisions
Appeals against conviction, suspension of sentence and criminal revisions.
Complainant representation
Registration of FIRs, private complaints before Magistrates and assistance to the prosecution.
Statutes and courts
Governing statutes
- Bharatiya Nyaya Sanhita, 2023
- Bharatiya Nagarik Suraksha Sanhita, 2023
- Bharatiya Sakshya Adhiniyam, 2023
- Indian Penal Code, 1860 and CrPC, 1973 for offences before 1 July 2024
Courts and authorities
- Magistrate courts
- Sessions Courts
- High Courts
- Supreme Court of India
Common questions on criminal matters
Which law applies to an offence committed before 1 July 2024?
The Indian Penal Code, 1860 continues to define offences committed before 1 July 2024. The Bharatiya Nyaya Sanhita, 2023 applies to offences committed on or after that date.
Can an FIR be quashed?
Yes. A High Court can quash an FIR or criminal proceedings under Section 528 of the BNSS where the allegations, taken at face value, disclose no offence or where the proceedings are an abuse of the process of the court.
Related guidance
Anticipatory bail under Section 482 BNSS: who can apply and how courts decide
Anticipatory bail in India is now governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Who can apply, where, the conditions courts impose and when it is barred.
What to do when the police refuse to register an FIR
Remedies under the Bharatiya Nagarik Suraksha Sanhita, 2023 when a police station refuses an FIR: Zero FIR, complaint to the Superintendent, Magistrate under Section 175(3), private complaint.
Discuss a criminal matter with the firm.
Write or call with a short account of the facts and the papers you hold. The firm will tell you whether it can act and what the first step is.