Criminal Law
Comprehensive defence and representation in criminal matters, from bail applications to trial advocacy across all courts.
Criminal practice in Mumbai is governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the IPC, CrPC, and Indian Evidence Act from 1 July 2024. Cases are prosecuted before Magistrate Courts, Sessions Courts at Greater Mumbai, and the Bombay High Court depending on offence gravity.
Overview
Criminal law is one of the most critical branches of the Indian legal system, dealing with offences against the state and society at large. At K. H. Giri & Associates, we provide comprehensive criminal defence and prosecution services across Mumbai, Thane, Navi Mumbai, and Pune. With decades of courtroom experience, our criminal law team handles matters ranging from minor offences to the most serious charges under the Bharatiya Nyaya Sanhita (BNS), 2023 — the successor to the Indian Penal Code.
Our firm understands that facing criminal charges can be an overwhelming experience. Every accused person has a fundamental right to legal representation under Article 22 of the Constitution of India. We ensure that this right is exercised effectively, providing strategic counsel from the moment of arrest through trial and, if necessary, appeal. Our approach combines thorough legal research, meticulous case preparation, and assertive courtroom advocacy.
What We Handle
- Bail applications — regular bail, anticipatory bail, and interim bail before Sessions Courts, High Court, and the Supreme Court
- FIR quashing petitions under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
- Defence in cases of theft, robbery, extortion, cheating, and criminal breach of trust
- Offences against the human body — hurt, grievous hurt, assault, and related charges
- White-collar crimes including fraud, forgery, and misappropriation
- Cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985
- Cybercrime matters under the Information Technology Act, 2000 and BNS provisions
- Criminal appeals, revisions, and writ petitions before the Bombay High Court
- Complaints and private prosecutions on behalf of victims of crime
- Matters under the Prevention of Corruption Act, 1988 and the Prevention of Money Laundering Act, 2002
Our Approach
Our criminal law practice is built on three pillars: early intervention, evidence-driven strategy, and relentless advocacy. When a client approaches us, we begin with a thorough assessment of the facts, the evidence on record, and the applicable legal provisions. We advise on the best course of action — whether that involves seeking anticipatory bail to prevent arrest, filing for quashing of an FIR, or preparing for a full trial.
We maintain close communication with our clients throughout the process, ensuring they understand every stage of the proceedings. Our team regularly appears before the Metropolitan Magistrate Courts, Sessions Courts, and the Bombay High Court, and we have a strong track record of securing favourable outcomes for our clients. We also work closely with forensic experts, private investigators, and technical consultants when cases demand specialised evidence analysis.
Key Legal Provisions
- Bharatiya Nyaya Sanhita (BNS), 2023 — replaced the Indian Penal Code, 1860; covers all substantive criminal offences
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — replaced the Code of Criminal Procedure, 1973; governs arrest, bail, investigation, trial, and appeals
- Bharatiya Sakshya Adhiniyam (BSA), 2023 — replaced the Indian Evidence Act, 1872; governs admissibility and relevance of evidence
- Narcotic Drugs and Psychotropic Substances Act, 1985 — drug-related offences
- Information Technology Act, 2000 — cybercrimes and electronic evidence
- Prevention of Corruption Act, 1988 — offences by public servants
- Prevention of Money Laundering Act, 2002 — proceeds of crime and enforcement directorate matters
- Arms Act, 1959 — offences related to possession and use of firearms
Our Team for This Practice
Related Articles
Anticipatory Bail: When and How to Apply
A practical guide on anticipatory bail applications, grounds, and procedures in Indian courts.
Read More →5 March 2026Your Rights During FIR Registration: A Complete Guide
Understanding your legal rights when an FIR is being registered and how to protect yourself.
Read More →10 March 2026Key Changes in Criminal Prosecution Under BNS 2023
Exploring the significant shifts in criminal prosecution procedures and their impact on legal practice.
Read More →Frequently Asked Questions
- What replaced the Indian Penal Code, CrPC, and Evidence Act in India?
- From 1 July 2024, three new criminal codes came into force: the Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code, 1860; the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973; and the Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872. Offences committed before this date are still tried under the older codes by virtue of the savings clauses.
- How can a person apply for anticipatory bail in Mumbai?
- Anticipatory bail is governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. An application is filed before the Sessions Court at Greater Mumbai or the Bombay High Court when a person apprehends arrest in a non-bailable offence. The court may impose conditions such as cooperation with investigation, not leaving India without permission, and not influencing witnesses. The order operates until the trial concludes unless cancelled.
- What is the difference between an FIR, an NCR, and a magistrate complaint?
- An FIR under Section 173 of the BNSS is registered for cognisable offences and triggers police investigation. A Non-Cognisable Report (NCR) is recorded for non-cognisable offences where police cannot investigate without Magistrate's permission under Section 174. A Magistrate Complaint under Section 223 of the BNSS is filed directly before a Magistrate when the police refuse to register an FIR or in matters that are cognisable only by the Magistrate.
- How long does a criminal trial take in Mumbai Sessions Court?
- Trial timelines vary with offence type, number of witnesses, and case complexity. Summons cases are heard summarily and may conclude within twelve to eighteen months. Warrant cases involving sessions-triable offences often run three to five years through framing of charge, prosecution evidence, defence evidence, statement under Section 351 BNSS, and judgment. The new codes mandate completion of investigation and trial within fixed outer limits for several offences.
- Can a criminal case be settled or quashed in Mumbai?
- Compoundable offences listed in Section 359 of the BNSS can be compromised between the parties, with or without the court's permission depending on the offence. Non-compoundable offences may be quashed by the Bombay High Court under Section 528 of the BNSS in exercise of its inherent jurisdiction, particularly where the dispute is private in nature and continuation of proceedings would be an abuse of process, following the principles in Gian Singh v. State of Punjab.
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