District Court, Patiala · Punjab & Haryana High Court
Criminal Defence, Patiala
Most criminal matters are registered under the general penal law — the Bharatiya Nyaya Sanhita, or the Indian Penal Code for cases registered before 1 July 2024. The work runs from advice at the FIR stage through bail, framing of charge, trial and appeal.
How it ordinarily proceeds.
The usual course is set out below. Individual matters vary with the facts, the sections invoked and the court's board.
- 01Advice at the FIR stageWhat has been alleged, which sections of the penal code and of any special statute have been invoked, and what follows procedurally. The sections determine which court hears the matter and what the sentence exposure is.
- 02BailAnticipatory bail before arrest, or regular bail thereafter, depending on the stage.
- 03Charge sheet and framing of chargeThe material filed by the police is examined. Discharge may be pressed where the material does not make out the offence.
- 04TrialProsecution evidence, cross-examination, statement of the accused, and defence evidence where led.
- 05JudgmentAcquittal, or conviction and sentencing.
- 06Appeal or revisionAppeals against conviction and revisions lie to the Sessions Court or the High Court depending on the court that passed the order.
Scope
Offences taken up.
The list below is indicative rather than exhaustive. Sections are given under the Bharatiya Nyaya Sanhita with the corresponding Indian Penal Code section in brackets, since matters registered before 1 July 2024 continue under the older code. Where an offence is not listed, it can still be discussed.
Offences against the person
- Murder — S. 103 BNS (302 IPC)
- Attempt to murder — S. 109 BNS (307 IPC)
- Culpable homicide not amounting to murder — S. 105 BNS (304 IPC)
- Causing death by negligence — S. 106 BNS (304A IPC)
- Hurt and grievous hurt — SS. 115, 117 BNS (323, 325 IPC)
- Poisoning and administering a stupefying substance
- Abetment of suicide — S. 108 BNS (306 IPC)
- Kidnapping and abduction — SS. 137, 140 BNS (363, 365 IPC)
- Criminal intimidation — S. 351 BNS (506 IPC)
- Rioting and unlawful assembly
Sexual offences
- Rape — S. 64 BNS (376 IPC)
- Offences under the POCSO Act, 2012
- Outraging the modesty of a woman — S. 74 BNS (354 IPC)
- Sexual harassment — S. 75 BNS (354A IPC)
- Stalking and voyeurism — SS. 77, 78 BNS (354C, 354D IPC)
Matrimonial and family offences
- Cruelty to a married woman — S. 85 BNS (498A IPC)
- Dowry demand and offences under the Dowry Prohibition Act, 1961
- Dowry death — S. 80 BNS (304B IPC)
- Proceedings under the Domestic Violence Act, 2005
- Bigamy — S. 82 BNS (494 IPC)
- Offences under the PCPNDT Act, 1994
Cheating, fraud and property
- Cheating — S. 318 BNS (420 IPC)
- Criminal breach of trust — S. 316 BNS (406 IPC)
- Forgery and use of forged documents — SS. 336, 340 BNS (465, 471 IPC)
- Criminal misappropriation — S. 314 BNS (403 IPC)
- Theft, robbery and dacoity — SS. 303, 309, 310 BNS (379, 392, 395 IPC)
- House trespass and mischief
- Cheque dishonour — S. 138 Negotiable Instruments Act
Economic, digital and public office
- Offences under the Prevention of Corruption Act, 1988
- Money laundering — Prevention of Money Laundering Act, 2002
- Investigations by the CBI, ED, NIA and NCB
- Cyber and digital offences under the Information Technology Act, 2000
- Online financial fraud and identity theft
- Company and GST prosecutions
Special statutes
- Narcotic Drugs and Psychotropic Substances Act, 1985
- Arms Act, 1959
- Excise Act offences
- SC and ST (Prevention of Atrocities) Act, 1989
- Juvenile Justice Act, 2015
- Motor Vehicles Act — SS. 184, 185
Common questions
Questions that come up.
Which offences are covered?
The bulk of criminal work in India is registered under the general penal law — the Bharatiya Nyaya Sanhita, and the Indian Penal Code for matters registered before 1 July 2024. That is the core of the practice: offences against the person including murder, attempt to murder, hurt and grievous hurt; offences against property including theft, robbery and dacoity; cheating, forgery and criminal breach of trust; criminal intimidation; and cruelty to a married woman. Special statutes are dealt with alongside and are frequently invoked in the same FIR as the penal code sections.
What is the difference between the IPC and the BNS?
The Bharatiya Nyaya Sanhita replaced the Indian Penal Code with effect from 1 July 2024. Cases registered before that date continue to be governed by the IPC, so both frameworks are currently in use.
Are High Court matters handled?
Yes. Appeals, revisions, quashing petitions and bail matters are taken up before the Punjab & Haryana High Court at Chandigarh.
What is needed at the first meeting?
A copy of the FIR or summons if available, the sections invoked, and the dates. Where papers are not available, the position can still be discussed and the record obtained.
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