Criminal lawyers in Chennai

Regular bail is sought after arrest, to secure release. Anticipatory bail is sought before arrest by someone who fears being arrested for a non-bailable offence; if it is granted, the person is released on bail if they are arrested. Anticipatory bail is now under Section 482 of the BNSS, which replaced Section 438 of the CrPC.

Yes. In Sibbia the Supreme Court held that an FIR is not a condition for anticipatory bail, provided specific facts make your fear of arrest reasonable. It cannot be sought once you have been arrested for that offence. The remedy then is regular bail under Section 480 or Section 483 of the BNSS.

Under Section 187(3) of the BNSS, after ninety days if the offence is punishable with death, life imprisonment or ten years or more, and after sixty days for other offences, if the police have not filed the charge sheet. You must apply and be ready to furnish bail. In M. Ravindran the Supreme Court held that a charge sheet filed after you apply does not defeat the right.

A person who complies with a notice under Section 35 of the BNSS is not to be arrested for the offence in the notice, unless the officer records reasons for thinking that arrest is needed. Failing to comply can lead to arrest.

Yes. For arrests from 6 November 2025 the grounds must be given in writing, in a language you understand, at least two hours before you are produced for remand. If they are not, the arrest and remand are illegal and you can ask to be released. For earlier arrests the grounds must still be communicated effectively.

Yes. The High Court can quash an FIR or criminal proceeding under its inherent powers, now in Section 528 of the BNSS (Section 482 of the CrPC for older cases). It does so when the allegations do not make out an offence, when the case is an abuse of process, and in some cases when the parties have settled.

In some cases. The High Court can quash proceedings that are predominantly civil or private, such as commercial and matrimonial disputes, once the parties settle, as Gian Singh recognised. It does not extend this to serious offences such as murder or rape, or to corruption offences.

Not by itself. The court asks whether the allegations disclose an offence. A breach of contract is not cheating unless the dishonest intention existed when the promise was made.

Yes. The first proviso to Section 223(1) of the BNSS requires that the accused be given an opportunity of being heard before the Magistrate takes cognizance of a complaint. The Supreme Court has held that cognizance taken without that hearing is void.

The IPC still applies to offences committed before 1 July 2024. Investigations, inquiries and trials that were pending on that date generally continue under the CrPC. New cases follow the BNS and the BNSS.

In a sessions trial, Section 258 of the BNSS requires judgment within thirty days of the end of arguments, extendable to forty-five days for recorded reasons. In any other trial, Section 392 requires judgment no later than forty-five days after the trial ends.

Yes. The proviso to Section 413 of the BNSS (formerly Section 372 of the CrPC) gives the victim a right to appeal against an acquittal, a conviction for a lesser offence or inadequate compensation. In Celestium Financial the Supreme Court held that no special leave is needed for such an appeal.

Not necessarily. The appellate court can suspend the sentence and grant bail under Section 430 of the BNSS. If you were on bail and the sentence is three years or less, the trial court must grant bail so that you have time to appeal, unless there are special reasons to refuse.

Yes. A company can lodge a police complaint or file a private complaint before the Magistrate through an authorised representative. It is often filed alongside a civil claim to recover the money.

Not by itself. Cheating requires a dishonest intention at the time the promise was made. A later failure to pay or perform is generally a civil matter, as Illustration (g) to Section 318(1) of the BNS shows.

Only if the complaint shows the director's own role in the alleged offence and criminal intent on the director's part. Holding the office of director is not enough.

Arrest is not automatic. In Arnesh Kumar the Supreme Court required the police to record why arrest is necessary and the Magistrate to check those reasons before authorising detention. A notice of appearance may be issued instead. Relatives can be prosecuted only if the complaint attributes specific acts to them.

Within thirty days of receiving the bank's information that the cheque was returned unpaid. Section 138 of the Negotiable Instruments Act then gives the drawer fifteen days from receipt of the notice to pay. A complaint is filed only if the payment is not made in that time.

Yes. The court applies the twin conditions in Section 45 of the PMLA unless a proviso applies. The Supreme Court has said they are not an absolute bar, and long custody with a slow trial is a ground for bail.

Yes, but only if the court finds reasonable grounds to believe you are not guilty and are not likely to commit an offence on bail, after hearing the Public Prosecutor.

Yes, for the offences in Section 132(1)(a) to (d) of the CGST Act involving more than two hundred lakh rupees, or a repeat offence, on the Commissioner's written authorisation based on reasons to believe. Anticipatory bail is available in GST and customs cases.