Criminal defense covers everything from responding to a First Information Report (FIR) through arrest, bail, trial, and appeal. As of July 2024, India's criminal statutes were substantially re-codified: the Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS); the Code of Criminal Procedure, 1973 by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS); and the Indian Evidence Act, 1872 by the Bharatiya Sakshya Adhiniyam, 2023. Older offences and pending cases may still reference the earlier codes depending on when the alleged offence occurred.
If you're named in an FIR or fear imminent arrest, an anticipatory bail application (BNSS Section 482, formerly CrPC Section 438) can be filed with the Sessions Court or High Court before arrest happens. If already arrested, regular bail can be sought depending on whether the offence is bailable or non-bailable. After investigation, the police file a chargesheet, and the matter proceeds to framing of charges, trial, and — if convicted — sentencing, with a right of appeal to a higher court.
Timelines matter enormously in criminal matters: statements given to police, the wording of an FIR, and how quickly you seek anticipatory bail can materially affect the outcome. Certain offences (cheque bounce, some cybercrime, minor property offences) are compoundable or have summary trial procedures that resolve faster than serious offences.
It's worth speaking to a lawyer immediately if you've been named in an FIR, summoned for questioning, arrested, or are a witness being asked to record a statement — waiting until after arrest narrows your options considerably.