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Practice area

Criminal Matters

Bail, trial representation and criminal appeals and revisions.

Since 1 July 2024, criminal law in India is governed by the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023, which replaced the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act. Matters that began under the earlier laws may still be governed by them, so the applicable law is the first thing to check.

What this area covers

Bail

Bail in bailable and non-bailable offences before the Magistrate, the Sessions Court and the Orissa High Court; anticipatory bail (Section 482 BNSS, formerly Section 438 of the Code of Criminal Procedure); and default bail where an investigation is not completed within the period the law allows.

Trial representation

Representation through the trial, from appearance and framing of charges to evidence, cross-examination and final arguments, before the courts of the Magistrate, the Court of Session and Special Courts such as those under the POCSO and NDPS Acts and Vigilance courts.

Criminal appeals and revisions

Appeals against conviction or sentence, criminal revisions before the Sessions Court or the High Court, and petitions to the High Court under its inherent powers (Section 528 BNSS, formerly Section 482 of the Code of Criminal Procedure).

Rights on arrest

  • A person arrested must be told the grounds of arrest and may consult an advocate of their choice (Article 22 of the Constitution).
  • An arrested person must be produced before a Magistrate within 24 hours, excluding travel time.
  • Persons in custody are entitled to free legal services under Section 12 of the Legal Services Authorities Act, 1987.

Papers that help at a first meeting

  • Copy of the FIR or complaint, and any notice received
  • Arrest memo, remand or bail orders, and the charge-sheet if filed
  • Any earlier orders in the case

Forums

Depending on the matter, proceedings in this area are typically before:

  • Courts of Judicial & Sub-Divisional Judicial Magistrates
  • District & Sessions Courts
  • Special Courts (POCSO, NDPS, Vigilance)
  • Orissa High Court, Cuttack: bail, appeals and revisions

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.

Legal guides

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Contact

Contact details

Meetings by prior appointment in Patia, Bhubaneswar.