Criminal litigation

Criminal lawyer in Delhi.
Rights first, then strategy.

Himani Kalra, advocate, appears in criminal matters before the Magistrate and Sessions Courts in Delhi, including Tis Hazari and Patiala House, and before the Delhi High Court: FIRs, bail, quashing, trial and appeals.

Call +91 98999 70130 Email Himani

The new criminal laws

For offences committed on or after 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023 replace the IPC, CrPC and Indian Evidence Act. Earlier offences continue under the old statutes, so the correct law depends on the date of the alleged offence.

Criminal matters handled

  • FIR and complaints: guidance on lodging an FIR (Section 173 BNSS), complaints to the Magistrate, and responding to a notice from the police.
  • Regular and anticipatory bail before the Magistrate, Sessions Court and High Court.
  • Quashing of FIRs and proceedings before the Delhi High Court (Section 528 BNSS, earlier Section 482 CrPC), including in private disputes and settlements where the law allows.
  • Trial representation – charges, witnesses, cross-examination and final arguments.
  • Cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881.
  • Matrimonial and dowry-related criminal complaints (see matrimonial lawyer).
  • Cyber-related complaints, online fraud and defamation issues, subject to the matter.
  • Appeals, revisions and applications for suspension of sentence.

Know your rights if arrested

  • You must be told the grounds of arrest, and a relative or person of your choice must be informed.
  • You have the right to consult a lawyer of your choice.
  • You must be produced before a Magistrate within 24 hours of arrest (Article 22 of the Constitution).
  • If you cannot afford a lawyer, free legal aid is available through the Delhi State Legal Services Authority and the District Legal Services Authorities.
  • In offences punishable with up to seven years, the Supreme Court’s Arnesh Kumar directions require police to justify arrest and follow the statutory notice procedure.

Bail: regular and anticipatory

Regular bail is sought after arrest, before the Magistrate or Sessions Court, and the High Court in suitable cases. Anticipatory bail (Section 482 BNSS, earlier Section 438 CrPC) is sought before arrest when a person apprehends being arrested for a non-bailable offence. Courts consider the nature and gravity of the accusation, the accused’s role, likelihood of absconding or tampering with evidence, and the custody period already undergone.

Lodging an FIR

An FIR can be lodged at any police station; where the offence occurred elsewhere, a “Zero FIR” is registered and transferred. If the police refuse to register a cognisable offence, a complaint can be made to the senior police officer, and an application can be made to the Magistrate under Section 175(3) BNSS (earlier Section 156(3) CrPC). Women who have faced sexual offences have specific protections regarding recording of statements and medical examination.

Cheque bounce (Section 138 NI Act)

  1. Cheque is dishonoured; the bank issues a return memo.
  2. A legal demand notice must be sent within 30 days of the memo.
  3. The drawer has 15 days from receipt to pay.
  4. If unpaid, a complaint must be filed in the Magistrate’s court within one month after the 15-day period expires.

Courts where criminal cases are heard

Metropolitan Magistrate and Sessions Courts at the Delhi district court complexes, the Delhi High Court and the Supreme Court of India. Himani practises before Tis Hazari and Patiala House Courts.

General information only; it is not legal advice. No lawyer can guarantee the outcome of a criminal case.

Frequently asked questions

What is anticipatory bail?

Anticipatory bail is a direction that, if a person is arrested for a specified non-bailable offence, they will be released on bail. It is sought under Section 482 BNSS (earlier Section 438 CrPC) before the Sessions Court or the High Court.

How soon after arrest should I contact a lawyer?

As early as possible. You have a right to consult a lawyer from the time of arrest, and early advice helps with understanding the charges, the remand process and the bail options.

Can an FIR be quashed if the parties settle?

In suitable cases, particularly private and matrimonial disputes, the High Court can quash an FIR under Section 528 BNSS (earlier Section 482 CrPC). Serious offences against society generally cannot be quashed on a settlement alone.

What is a Zero FIR?

A Zero FIR is an FIR registered at any police station regardless of where the offence happened. It is then transferred to the police station with jurisdiction.

What should I do after a cheque bounces?

Send a written legal notice within 30 days of the bank’s return memo, wait 15 days for payment, and if unpaid, file a complaint within one month thereafter. These timelines are strict.

Which court handles criminal cases in West Delhi?

It depends on the police station and the offence. Matters from West Delhi are generally heard at Tis Hazari Courts, while some South-West Delhi matters go to Dwarka Courts. Bail and quashing matters can reach the Delhi High Court.

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For enquiries about potential legal support, contact Himani directly.

Emailhimanikalra.adv@gmail.com Phone+91 98999 70130 LinkedInView profile

Practising before Tis Hazari Courts and Patiala House Courts, Delhi. Practising before Delhi district courts, the Delhi High Court and the Supreme Court of India.

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