As criminal lawyer in Gurugram, we provide defence from the first notice through to judgment, and beyond it if the finding does not survive scrutiny. A criminal case runs through several distinct stages — FIR, arrest or notice, investigation, chargesheet, charge or discharge, trial, and judgment or appeal — and each one carries its own deadline and its own opportunity to resolve the matter properly. This page sets out what we handle at each stage, and what our defence work actually involves.
How a criminal case runs, and what we do at each stage
| Stage | What happens | What we do |
|---|---|---|
| FIR | The allegation is recorded under Section 173 BNSS and the sections invoked are chosen — this decision determines whether the offence is bailable, which court will try it, and the actual exposure involved | We verify the sections invoked match the facts alleged, since over-charging at the FIR stage is common and worth challenging early |
| Notice or arrest | For offences punishable up to seven years, a notice of appearance under Section 35(3) BNSS is ordinarily required before arrest, following the Arnesh Kumar guidelines | We confirm whether an arrest complied with Section 35 BNSS and whether written grounds of arrest were furnished; either failure goes to the legality of the detention itself |
| Investigation | Statements, seizures, forensic collection, and — where the accused is in custody — the chargesheet clock starts running | We file anticipatory bail at this stage where arrest has not yet happened |
| Chargesheet or closure | Filed within 60 or 90 days where the accused is in custody, depending on the offence | We track this deadline independently, since default bail becomes a right under Section 187 BNSS if it is missed — but only if claimed before the chargesheet is actually filed |
| Charge or discharge | The court decides whether there is enough on record to proceed to trial — broadly corresponding to the erstwhile Sections 227 and 239 CrPC for Sessions and warrant-trial matters respectively | We argue discharge applications on the material actually on record, since this is the first real opportunity to end a case that should not proceed to trial |
| Evidence and cross-examination | Prosecution witnesses are examined and cross-examined | We build cross-examination from the case diary and forensic record, testing it against the FIR and witness statements point by point |
| Statement of the accused, defence evidence, final arguments | The accused's own statement is recorded — broadly corresponding to the erstwhile Section 313 CrPC examination — followed by any defence evidence and closing submissions | We prepare this statement carefully in advance, since it cannot be corrected once given |
| Judgment, appeal and revision | Conviction or acquittal, with a right of appeal to the Sessions Court or the Punjab & Haryana High Court depending on where the trial was held | We file within the limitation period and argue on the trial record |
What we defend
- Offences against the body — hurt and grievous hurt (Sections 115–118 BNS), criminal intimidation (Section 351 BNS), and assault
- Cheating and forgery — Section 318 BNS (cheating, formerly Section 420 IPC) and Sections 336–338 BNS (forgery); see also our dedicated cheating and fraud page
- Property offences — theft, criminal trespass and mischief; see theft and robbery
- Offences against public tranquility — unlawful assembly and rioting
- Murder and attempt to murder — culpable homicide (Section 105 BNS) and attempt to murder (Section 109 BNS) before the Sessions Court
- NDPS matters, where the quantity recovered — small, intermediate or commercial — changes the bail standard
- Arms Act cases, turning on licensing status and recovery procedure
- Appeals, revisions and quashing petitions before the Punjab & Haryana High Court — see FIR quashing
How we build a defence
- Consistency of the record — whether the FIR, witness statements and forensic material actually align, checked from the outset rather than left until trial
- Procedure at arrest and investigation — a defective arrest, a missing seizure memo, or an uncertified digital record can be significant regardless of how the underlying allegation looks on paper
- Delay — in reporting, in filing the chargesheet, in producing a witness — examined for what it actually indicates on the specific facts
- Whether the matter is a civil or commercial dispute pursued as a criminal case — a number of FIRs in Gurgaon, particularly in cheating, cheque bounce and property matters, arise from disputes that are civil in substance; where that is genuinely the case, we assess quashing as an option alongside, or instead of, a full trial
The new codes
FIRs registered on or after 1 July 2024 fall under the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam. Older matters continue under the IPC, CrPC and Evidence Act through to their conclusion, including any appeal. Which regime governs a given FIR is the first thing we check on every matter, since the numbering, the time limits and parts of the procedure differ between the two.
Which court hears your matter
Depending on the offence and its punishment, a criminal case in Gurgaon is tried by a Magistrate, the Sessions Court, or — for the most serious offences and for appeals — heard before the Punjab & Haryana High Court at Chandigarh. We appear regularly before all three, as well as the PMLA and POCSO Special Courts and the Supreme Court of India where a matter goes that far.
Why clients choose us as their criminal lawyer in Gurgaon
- The advocate you consult argues your matter — not a junior reading the file for the first time on the hearing date
- Discharge applications are argued properly, not treated as a formality on the way to trial
- We tell you early where a case is really a civil or commercial dispute wearing a criminal FIR, and whether quashing is a realistic route
- Fees are quoted in writing before work begins — what will be filed, in which court, on what ground, and what it costs, agreed upfront
- Reachable when it matters — arrests happen at night and hearings get listed at short notice; genuine emergencies are triaged ahead of everything else, at any hour
Frequently asked questions
What should I do if I receive a police notice or summons?
Do not ignore it, and avoid giving an informal statement or "explaining your side" before getting legal advice — the same facts, placed properly on record through counsel, protect you far better. Get the notice, the FIR number if one exists, and the sections invoked to a lawyer before responding.
Can a criminal case end before trial?
Yes — at the discharge stage, if the material on record does not disclose a case fit to proceed, or through a quashing petition before the High Court where the FIR itself is an abuse of process.
What's the difference between an appeal and a revision?
An appeal challenges a conviction or acquittal on its merits and is available as of right in most cases. A revision is a narrower remedy, typically used where there is a jurisdictional error or a serious procedural defect. Which one applies depends on the specific order being challenged.
Do older cases still run under the IPC and CrPC?
Yes. Only FIRs registered on or after 1 July 2024 fall under the new codes — matters registered before that continue under the IPC, CrPC and Evidence Act through to their conclusion, including any appeal.
What happens if the chargesheet isn't filed on time?
Default bail becomes a right under Section 187 BNSS once the statutory period — 60 or 90 days depending on the offence — expires without a chargesheet, but only if it is claimed before the chargesheet is actually filed. We track this deadline independently in every custody matter.
Is a criminal case that started as a business dispute defensible differently?
Often, yes. Where the underlying facts are a commercial or civil disagreement — an unpaid invoice, a failed deal, a partnership gone wrong — dressed up as cheating or criminal breach of trust, the defence usually focuses on whether the matter should have been a criminal case at all, including through quashing.
How much does criminal defence cost in Gurgaon?
It depends on the offence, the stage the matter is at, and which court is hearing it — a discharge application is not priced like a multi-year Sessions trial. The first consultation is free, and the fee is set out in writing before any work begins.
For bail specifically, see our bail lawyer page. For FIR quashing, see FIR quashing and the offences we handle. For a free first consultation, call +91 82954 13475 at any hour, or send the details of your matter.