Practice Area
Criminal Defence
Also known as: Faujdari · फौजदारी · Criminal law · Criminal lawyer Bareilly
Criminal defence work at this chamber covers bail and anticipatory bail applications, quashing of FIRs, and conduct of criminal trials before the Magistrate and Sessions Courts at Bareilly, with appearances before the Allahabad High Court at Prayagraj where a matter requires it. Since 1 July 2024 these proceedings run under the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita rather than the IPC and CrPC.
What this covers
The chamber acts for persons accused in criminal matters at every stage — from the point an FIR is registered or a notice to appear is received, through bail, to the conclusion of trial.
Bail and anticipatory bail
Anticipatory bail (Section 482, Bharatiya Nagarik Suraksha Sanhita, formerly Section 438 CrPC) is applied for by a person who apprehends arrest in a non-bailable offence, and is moved before the Court of Session or the High Court. Regular bail (Sections 480 and 483 BNSS, formerly Sections 437 and 439 CrPC) is applied for once a person is in custody.
The court’s approach differs sharply between the two, and so does the material that has to be placed before it. What generally weighs with the court includes the nature and gravity of the accusation, the accused’s antecedents, the risk of absconding or of tampering with evidence, and the stage the investigation has reached.
Quashing of FIRs
An FIR may be challenged before the High Court under Section 528 BNSS (formerly Section 482 CrPC), which preserves the High Court’s inherent power to prevent abuse of the process of any court. The categories in which that power is exercised were set out by the Supreme Court in State of Haryana v. Bhajan Lal and remain the working framework — broadly, where the allegations even taken at their highest disclose no offence, where they are absurd or inherently improbable, or where the proceeding is manifestly attended with mala fides.
Quashing petitions arising from Bareilly and the surrounding districts are filed before the Allahabad High Court at Prayagraj.
Criminal trials
Conduct of trial before the Magistrate and Sessions Courts at Bareilly: framing of charge, cross-examination of prosecution witnesses, defence evidence, statement under Section 351 BNSS (formerly Section 313 CrPC), and final arguments.
The change from IPC and CrPC
On 1 July 2024 three new criminal statutes came into force, replacing the colonial-era codes:
| Former law | Replaced by |
|---|---|
| Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 (BNS) |
| Code of Criminal Procedure, 1973 | Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) |
| Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 (BSA) |
The sections most often encountered in this practice have moved as follows:
| Subject | Old section | New section |
|---|---|---|
| First Information Report | CrPC 154 | BNSS 173 |
| Notice to appear before police | CrPC 41A | BNSS 35 |
| Direction to register FIR | CrPC 156(3) | BNSS 175(3) |
| Anticipatory bail | CrPC 438 | BNSS 482 |
| Bail — bailable offences | CrPC 436 | BNSS 478 |
| Bail — non-bailable offences | CrPC 437 | BNSS 480 |
| Bail powers of Sessions/High Court | CrPC 439 | BNSS 483 |
| Default bail | CrPC 167(2) | BNSS 187(3) |
| Quashing / inherent powers | CrPC 482 | BNSS 528 |
| Examination of the accused | CrPC 313 | BNSS 351 |
| Cruelty to a married woman | IPC 498A | BNS 85 and 86 |
| Cheating | IPC 420 | BNS 318 |
| Criminal breach of trust | IPC 406 | BNS 316 |
An important practical point: cases registered before 1 July 2024 continue under the old Code. For some years, therefore, the district courts are running both regimes side by side, and which set of provisions applies turns on the date of registration of the FIR, not the date of hearing.
A fuller mapping is maintained at the IPC to BNS section converter.
If an FIR has been registered against you
- Obtain a copy of the FIR. It is a public document in most cases and is also available through the Uttar Pradesh Police portal and the eCourts services system.
- Do not approach the complainant directly to settle the matter without advice. What is said can be given in evidence.
- Preserve documents and electronic records, including messages and call records, in their original form. Under the Bharatiya Sakshya Adhiniyam, electronic records require a certificate to be admissible.
- Take advice on anticipatory bail promptly. Once arrest has taken place the application that remains available is a different and generally harder one.
Where these matters are conducted
- District Court, Bareilly — Magistrate, Sessions and Special Courts
- Allahabad High Court, Prayagraj — quashing, bail in serious matters, criminal revisions and appeals
- Delhi — where a matter is pending there
Frequently asked questions
What is the difference between regular bail and anticipatory bail?
Anticipatory bail, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, is applied for before arrest, by a person who apprehends arrest in a non-bailable offence. Regular bail, under Sections 480 and 483, is applied for after a person is already in custody. Anticipatory bail is sought from the Sessions Court or the High Court; regular bail may begin before the Magistrate depending on the offence.
Which sections replaced CrPC 438 and CrPC 482?
Section 438 of the Criminal Procedure Code, which governed anticipatory bail, is now Section 482 of the Bharatiya Nagarik Suraksha Sanhita. Section 482 CrPC, the inherent powers of the High Court used to quash an FIR, is now Section 528 BNSS. The change took effect on 1 July 2024. Cases registered before that date continue under the old Code.
Can an FIR be quashed, and on what basis?
An FIR can be quashed by the High Court under Section 528 BNSS where, even taking the complaint at face value, no offence is made out, where the proceedings are an abuse of process, or where the parties have genuinely compromised a dispute that is essentially private. The Supreme Court's guidance in State of Haryana v. Bhajan Lal sets out the categories. It is not available merely because the accused disputes the facts.
What happens if a notice under Section 35 BNSS is received?
A notice under Section 35 BNSS (formerly Section 41A CrPC) requires the person named to appear before the investigating officer. It is not an arrest, and attending is generally advisable, because failure to comply can itself justify arrest. Take legal advice before appearing, and take the notice with you. Do not sign statements you have not read.
How long does a bail application take at Bareilly District Court?
It depends on the offence, the court's board and whether the case diary has been filed. A bail application before the Magistrate or Sessions Court at Bareilly is ordinarily listed within a few working days of filing, though the court may await the police report before hearing it. No timeline can be guaranteed and no outcome can be promised.