Criminal complaints and registration of an FIR
A criminal case may begin with a complaint to the police, a private complaint before the Magistrate, or a direction from the court to investigate. Where the police decline to register information about a cognizable offence, remedies exist before the superior police officers and before the Magistrate.
Advice at this stage covers whether the facts disclose a criminal offence at all, what material should accompany the complaint, and whether a civil remedy would be more appropriate. A complaint that is drafted carelessly frequently causes difficulty later in the proceeding.
Investigation, notices and appearance before the police
During investigation the police may issue a notice requiring a person to attend and answer questions. Attendance in response to such a notice, with legal advice on what is required and what is not, is generally preferable to avoidance, which is often cited against the person later.
Where arrest is apprehended, the appropriate remedy is an anticipatory bail application. Where arrest has occurred, attention turns immediately to regular bail and to the remand proceedings.
Categories of matters handled
- Cheating and criminal breach of trust — allegations arising from business dealings, investments, loans and property transactions.
- Criminal intimidation, hurt and assault — including cases arising from neighbourhood, tenancy and workplace disputes.
- Matrimonial criminal cases — including matters relating to alleged cruelty under provisions commonly referred to as 498A matters, and related proceedings. See the family law page.
- Document-related allegations — forgery, fabrication and use of false documents, often connected with property disputes.
- Offences relating to negotiable instruments, dealt with separately on the cheque bounce page.
- Complaints against police inaction, through the remedies available before the Magistrate and, where maintainable, the High Court in writ jurisdiction.
Trial representation
A criminal trial proceeds through framing of charge, recording of prosecution evidence, cross-examination, the statement of the accused, defence evidence where led, and final arguments. Each stage requires preparation grounded in the documents supplied with the charge sheet.
The discharge stage deserves particular attention. Where the material on record does not disclose sufficient ground to proceed, an application for discharge is the appropriate remedy and is decided before the trial begins in earnest.
Revisions and appeals
An order passed during a criminal proceeding may be challenged in revision, and a judgment of conviction may be challenged in appeal, before the Sessions Court or the High Court depending on the court that passed it. Appeals are subject to limitation, and an application for condonation of delay becomes necessary where the period has expired.
Suspension of sentence and bail pending appeal are ordinarily sought together with the appeal where a person has been convicted and sentenced.
Defending a false or exaggerated allegation
Where a complaint appears to have been made to pressurise a party in what is essentially a civil or family dispute, the defence strategy usually combines protection from arrest, careful participation in the investigation, and consideration of a petition to quash the proceeding where the record supports it.
No assurance can be given that a proceeding will be brought to an end. What is assessed honestly at the outset is whether the record discloses grounds for such a petition, and what the realistic alternatives are.
What to bring to a criminal consultation
- FIR or complaint copy and the sections alleged.
- Any notice, summons or warrant received.
- Charge sheet and the documents filed with it, if available.
- Orders passed by any court in the matter.
- Documents relating to the underlying transaction or dispute.
- Details of any connected civil or family proceeding.
Frequently Asked Questions
- Should I attend the police station if a notice is received?
- Generally yes, with advice on the scope of the notice. Non-appearance may lead to coercive steps and is frequently relied upon by the prosecution when bail is considered.
- Can a criminal case and a civil suit run at the same time?
- Yes. Civil and criminal proceedings arising from the same facts can proceed simultaneously, though the outcome of one may be relevant to the other in certain situations.
- Is a complaint withdrawn if the parties settle?
- Only where the offence is compoundable, or where the High Court quashes the proceeding on the basis of the settlement. A private agreement by itself does not end a criminal case.