Criminal Defence

Criminal Defence Lawyer in Delhi

Facing a criminal allegation can be a serious and stressful experience. A strong criminal defence requires careful examination of the allegations, applicable provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS), available evidence and the circumstances of the case. Professional legal representation can help an accused understand their rights and respond to criminal proceedings through the appropriate legal process.

The Bharatiya Nyaya Sanhita, 2023 is India’s principal substantive criminal law and came into force on 1 July 2024, replacing the Indian Penal Code, 1860. It defines a wide range of criminal offences and prescribes the applicable punishments.

Criminal Defence Under the Bharatiya Nyaya Sanhita

Criminal defence involves examining whether the ingredients of the alleged offence are established by the facts and evidence of the particular case. Depending on the allegations, a defence strategy may involve challenging the applicability of a BNS provision, examining witness statements and documentary or electronic evidence, identifying inconsistencies, and presenting the accused’s legal position before the appropriate court.

The BNS contains provisions dealing with offences against the human body, offences against women and children, offences against property, offences relating to public order, organised crime, offences involving documents and property, and several other categories. It also introduces or reorganises certain offences compared with the earlier IPC framework.

Bail and Criminal Proceedings

Bail and other procedural aspects of a criminal case are governed primarily by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) rather than the BNS itself. The BNSS contains provisions relating to arrest, investigation, bail, court proceedings and other criminal procedure. For example, the law provides rules concerning arrest and requires an arrested person to be dealt with according to the applicable statutory procedure.

A criminal defence lawyer can assist with appropriate legal remedies depending on the stage of the matter, including matters arising from investigation, arrest, bail proceedings, trial and other court proceedings.

Evidence and Criminal Defence

Evidence is another important part of criminal defence. The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the law of evidence and forms part of India’s new criminal-law framework along with the BNS and BNSS.

A detailed review of witness testimony, documents, electronic records, forensic material and other evidence may be important in determining the issues that arise in a criminal case.

Why Choose Professional Criminal Defence Representation?

Every criminal case has different facts and legal issues. Effective representation requires a case-specific assessment rather than relying on a standard approach. Legal assistance may include reviewing the allegations, identifying applicable BNS provisions, analysing evidence, advising on procedural remedies and representing the accused before the appropriate court.

If you or a family member is facing criminal allegations under the Bharatiya Nyaya Sanhita, obtaining legal advice at an early stage can help you understand the applicable law and available legal remedies.

If you need assistance with a criminal matter, contact Manju Sehrawat for professional legal guidance based on the facts and circumstances of your case.

Need Assistance With A Criminal Matter

Manju Sehrawat for professional legal guidance based on the facts and circumstances of your case.

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