A criminal matter can begin with a phone call from the police, a summons, a complaint filed against you, or the need to report an offence yourself. The early steps often shape everything that follows, so it helps to understand the process and your rights before you act.
Adv. Helee K. Thaker advises accused persons, complainants and victims at each stage of a criminal case, from the registration of a first information report (FIR) to bail, trial, appeal and proceedings before the Gujarat High Court.
What this covers
- Advice on police notices, summons and questioning
- Bail and anticipatory bail applications
- Private criminal complaints before a Magistrate
- Trial defence and cross-examination of witnesses
- Petitions to quash FIRs and criminal proceedings
- Appeals and revisions against conviction or acquittal
- Matters involving cheating, fraud, cheque dishonour, cybercrime and narcotics
How the process generally works
- Assessment
We review the FIR, complaint or notice and the documents you hold, and explain the offences alleged and what they require the prosecution to prove.
- Immediate protection
Where there is a risk of arrest, we consider anticipatory bail, regular bail or other urgent relief.
- Investigation stage
We advise on responding to notices, attending questioning and placing your material before the investigating officer.
- Charge and trial
After the police report (charge-sheet) is filed, we appear at framing of charge, examine evidence and cross-examine witnesses.
- Appeal or revision
If the outcome is adverse, we evaluate appeal, revision or other remedies within the time allowed.
Relevant law
- Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code from 1 July 2024
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure
- Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the Indian Evidence Act
- Special statutes such as the NDPS Act, 1985, the Information Technology Act, 2000 and the Negotiable Instruments Act, 1881
Common questions
Do the new criminal laws apply to my case?
Generally, offences alleged to have been committed on or after 1 July 2024 are dealt with under the BNS, while earlier offences remain governed by the IPC. Procedure for proceedings started after that date generally follows the BNSS. The position in a particular case depends on its facts and dates.
Should I speak to the police without a lawyer?
You must cooperate with a lawful investigation, but you are entitled to consult an advocate. It is sensible to take advice before giving a written statement or producing documents.
Can a criminal case be settled?
Some offences are compoundable, meaning the parties may settle them with or without the court's permission. Others can only end through the court process, although the High Court may quash certain proceedings arising from private disputes after a genuine settlement.