Diwan Advocates

Criminal Law Practice

That principle has never been merely academic. It sits at the foundation of every procedural safeguard in India's criminal justice system, from the right to be informed of the grounds of arrest to the presumption of innocence that runs through every trial. When those safeguards are respected, the system works. When they are not, the consequences for the person on the receiving end can be irreversible.

Criminal proceedings are unlike any other form of legal dispute. The state stands on one side with the full weight of its investigative machinery, prosecutorial resources, and custodial powers. The individual stands on the other, often frightened, sometimes already in custody, and almost always at the most vulnerable moment of their life. The quality of legal representation in that moment matters enormously.

At Diwan Advocates, our criminal law practice is built around the understanding that every client, regardless of the nature of the allegations, deserves a rigorous, knowledgeable, and fearless defence. We also represent complainants and victims who need the criminal law to work in their favour, pressing for accountability from those who have wronged them. We do both with equal commitment.

India's criminal law framework has undergone a historic transformation. The Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) together replaced the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act with effect from 1 July 2024. Our team has studied these new codes in depth, and we advise clients on how the transition affects pending matters, ongoing investigations, and the interpretation of new provisions that are being tested in courts for the first time.

Arrest, Custody, and Bail

For most clients, an arrest or a summons is the first point at which they need a criminal lawyer. What happens in the hours and days immediately after an arrest can shape the entire trajectory of a case. Securing bail promptly, preventing unlawful custodial treatment, and ensuring that the client's constitutional rights are not violated at this early stage are priorities that cannot wait.

Rights at the Time of Arrest

The Bharatiya Nagarik Suraksha Sanhita, 2023 preserves and in some respects strengthens the procedural safeguards that were contained in the CrPC. A person arrested must be informed of the grounds of arrest, has the right to be represented by a lawyer of their choice, and must be produced before a magistrate within 24 hours of arrest. Under Article 22 of the Constitution, no person can be detained beyond 24 hours without magisterial authority. We advise clients immediately upon arrest on the procedural requirements that the police must follow, and we intervene quickly when those requirements are not being observed.

Bail Applications

Securing bail is often the most urgent task in a criminal matter. The BNSS retains the basic distinction between bailable and non-bailable offences and introduces new provisions on bail, including a direction that courts must ordinarily grant bail to undertrial prisoners who have served a third of their maximum sentence. We file regular bail applications, anticipatory bail applications, and bail applications before the High Court and Supreme Court when lower courts have refused relief.

Bail hearings require both procedural familiarity and the ability to make compelling arguments quickly. We prepare detailed bail applications that address the twin considerations of flight risk and tampering with evidence, marshal the client's personal circumstances and ties to the community, and engage directly with any prosecution material that has been disclosed. Where bail has been refused on grounds that are legally unsustainable, we move higher courts without delay.

In matters under the Narcotic Drugs and Psychotropic Substances Act, 1985, the Prevention of Money Laundering Act, 2002, and certain offences under the Companies Act, 2013, bail is subject to stringent conditions that reverse the ordinary presumption in favour of the accused. We advise clients on the specific hurdles applicable to their matter and identify the arguments most likely to satisfy the applicable test.

Criminal Trial Defence

A criminal trial is a structured process, but it is rarely predictable. Evidence that seemed strong at the stage of the chargesheet can be weakened through cross-examination. Procedural errors by the prosecution can be identified and argued. Legal defences that were not apparent at first glance can emerge from a careful reading of the applicable law. Our trial lawyers are experienced in conducting the full range of proceedings before magistrate courts, sessions courts, and special courts.

Charge Framing and Discharge Applications

Once a chargesheet is filed, the accused has the right to apply for discharge if the material before the court does not make out a prima facie case. We prepare thorough discharge applications that test the prosecution's evidence against the legal ingredients of each offence alleged. Where the court frames charges, we examine each charge carefully to identify any that are unsustainable, legally duplicative, or incorrectly framed under the Bharatiya Nyaya Sanhita, 2023.

Cross-Examination and Evidence

Effective cross-examination is one of the most important skills in criminal trial practice. Prosecution witnesses are often police officers, forensic experts, or complainants with a strong personal interest in the outcome. Our lawyers prepare detailed cross-examination plans, test the reliability of witness statements, challenge procedural lapses in the investigation, and expose inconsistencies between statements recorded at different stages of the case. The Bharatiya Sakshya Adhiniyam, 2023 has updated the framework for admissibility of digital evidence, and we are equipped to handle matters where electronic records, call data records, surveillance footage, and forensic digital evidence form a significant part of the prosecution case.

Sentencing and Mitigation

When a conviction follows, the work is not over. Sentencing is a judicial exercise that must take into account not only the gravity of the offence but also the circumstances of the offender. We prepare detailed mitigation submissions that present the client's background, personal circumstances, remorse, and any factors in their favour, with a view to obtaining the most proportionate sentence the law permits.

White-Collar Crime and Economic Offences

Economic offences represent one of the fastest-growing areas of criminal exposure for individuals and corporations in India. The intersection of criminal law with financial regulation, tax law, and company law means that a client facing an economic offence allegation is almost always dealing with multiple agencies simultaneously.

Money Laundering and PMLA

The Prevention of Money Laundering Act, 2002 gives the Enforcement Directorate sweeping powers to investigate, attach, and prosecute. Money laundering is a standalone offence that is predicated on the existence of a scheduled offence under the PMLA's schedule, which includes fraud, corruption, drug trafficking, and a range of other crimes. The attachment of property under PMLA can cause significant financial harm long before any conviction, and seeking relief against provisional attachment orders is frequently the most urgent task when a PMLA investigation begins.

We advise individuals and companies facing PMLA proceedings on responding to ED notices and summons, challenging provisional attachment orders before the Adjudicating Authority, filing appeals before the Appellate Tribunal, and managing the intersection between ED proceedings and parallel proceedings by other agencies such as the CBI, income tax authorities, or SEBI.

Corporate Fraud and Companies Act Offences

The Companies Act, 2013 contains serious criminal provisions for corporate fraud under Section 447, which prescribes imprisonment of up to ten years for fraud involving a public interest element. Investigations by the Serious Fraud Investigation Office (SFIO) run concurrently with criminal proceedings and are governed by procedural rules that differ from ordinary police investigations. We represent directors, officers, and companies facing SFIO investigations and Companies Act prosecutions, advising on cooperation strategy, document production, and the rights of the accused during investigation.

Tax Evasion and Revenue Offences

Chapter XXII of the Income Tax Act, 1961 creates prosecution offences for wilful failure to file returns, wilful tax evasion, and the making of false statements in tax proceedings. These carry imprisonment of up to seven years. Search and seizure operations by the Income Tax Department are the typical trigger for such proceedings, and the manner in which a taxpayer responds in the immediate aftermath of a raid has significant implications for any subsequent prosecution. Our taxation and criminal law teams coordinate closely on these matters.

Insider Trading and SEBI Investigations

SEBI has quasi-criminal powers to prosecute insider trading and market manipulation under the Securities and Exchange Board of India Act, 1992. SEBI investigations often precede criminal referrals to other agencies and can result in disgorgement orders, trading bans, and monetary penalties in addition to prosecution. We advise promoters, fund managers, and market intermediaries on managing SEBI investigations and responding to show-cause notices that carry criminal implications.

Anticipatory Bail and Pre-Arrest Protection

Anticipatory bail under Section 482 of the BNSS (previously Section 438 of the CrPC) allows a person who apprehends arrest in a non-bailable case to obtain a direction from the Sessions Court or High Court that, if arrested, they shall be released on bail. This is a valuable remedy for clients who become aware of a criminal complaint or FIR before an arrest is made.

Anticipatory bail applications require a careful assessment of the FIR or complaint, the nature of the offences alleged, the investigation stage, and the arguments available on both sides. Courts examine the same flight risk and tampering factors that apply to regular bail, but also consider whether the applicant's apprehension of arrest is genuine and well-founded. We prepare and argue anticipatory bail applications promptly, understanding that timing is often decisive.

Representing Victims and Complainants

Criminal law is not only about defending the accused. Victims of crime also have legal interests that need to be protected. Under India's criminal law framework, a complainant has rights that go beyond simply filing an FIR. Victims can participate in bail hearings, challenge the grant of bail, move the court for expeditious trial, and in appropriate cases file a private complaint directly before a magistrate where the police have refused to register an FIR.

We file complaints under the Bharatiya Nyaya Sanhita, 2023 on behalf of victims of fraud, criminal breach of trust, cheating, defamation, and cybercrime. We pursue compensation for victims through the criminal courts as well as through civil proceedings running in parallel. Where police inaction is the problem, we file writ petitions seeking directions to register an FIR or conduct a proper investigation, drawing on our constitutional law practice.

Habeas Corpus and Custodial Rights

Where a person is unlawfully detained, whether by the police, a government authority, or a private party, a writ of habeas corpus under Article 226 of the Constitution before the High Court or Article 32 before the Supreme Court is the primary remedy. Habeas corpus petitions are heard urgently, often on the same day they are filed, and courts can order immediate production of the detained person.

We file habeas corpus petitions in cases of unlawful police detention beyond the statutory period, preventive detention under security laws, detention of foreign nationals, and cases where a person is being held under circumstances that suggest coercion or private confinement. These matters move quickly, and our constitutional and criminal law teams handle them together.

Criminal Appeals and Revisions

A criminal conviction is not necessarily the end of the road. Appeals to the Sessions Court, the High Court, and the Supreme Court are available on questions of fact, law, or both, depending on the nature of the conviction and sentence. Acquittals can also be challenged by the prosecution or, in limited circumstances, by the complainant.

We handle criminal appeals with the same rigour as the original trial. The appeal record is examined in full, the trial judge's reasoning is tested against the evidence on record, and fresh arguments are developed where the trial court made errors of law or drew incorrect inferences from the evidence. Where the sentence is excessive or inadequate, we file sentence appeals separately.

Revision petitions lie before the High Court against interlocutory orders of lower criminal courts that cause injustice but do not give rise to a right of appeal. They are commonly used to challenge orders refusing bail, orders framing incorrect charges, and procedural orders that prejudice the accused or the complainant. We advise on whether a revision or an appeal is the more appropriate route in any given situation and pursue the remedy most likely to achieve the client's objective.

Why Diwan Advocates for Criminal Law?

Legislative Reference Index

The table below covers the principal statutes and codes that govern criminal proceedings in India, with notes on their relevance to our practice and links to authoritative sources.

A criminal charge is one of the most serious things that can happen to a person or a company.

Diwan Advocates brings the knowledge, the preparation, and the courage in court that such moments demand.

Because when it matters most, the quality of your lawyer matters most.

Diwan Advocates  |  Delhi, India