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Criminal Lawyer in Gurgaon
Defence from the FIR stage through chargesheet, discharge, trial and appeal — before the Gurgaon courts, the Punjab & Haryana High Court and the Supreme Court.
The basics
What does a criminal lawyer actually do?
A criminal case in India runs on a fixed sequence, and a criminal lawyer's job changes at each stage. Understanding the sequence tells you what you should be getting from counsel at the point you are at.
Investigation begins with the FIR under Section 173 BNSS. Statements are recorded, recoveries are made, and the shape of the prosecution case is fixed. Defence work here is protective: obtaining the FIR, responding properly to a notice under Section 35(3) BNSS, securing bail, and making sure nothing is signed that has not been read.
Chargesheet and cognizance is when the police file their report and the court supplies copies to the accused. This is the first time you see the full case — the statements, the documents, the expert reports — and the first time a real strategy can be built.
Framing of charge is the most underused stage in Indian criminal practice. Before charges are framed, an accused can apply for discharge on the ground that no case is made out even taking the prosecution material at its highest. A successful application ends the matter without a trial.
Trial is prosecution evidence and cross-examination, then the statement of the accused under Section 351 BNSS, then defence evidence if any, then arguments and judgment. Cross-examination is where cases are won, and it is won by preparation — the contradictions between what a witness told the police and what they say in court only surface if the file has been read closely.
From 1 July 2024 all of this operates under three new statutes: the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam. Offences from before that date are still tried under the IPC and CrPC, so most current files involve both.
A criminal case runs on a fixed sequence, and most of the outcome is determined in the first two stages — investigation and framing of charge — long before anyone gives evidence. Advocate Rajat Kadyan conducts criminal defence work from the FIR stage through trial, judgment and appeal, before the Gurgaon District Court, the Punjab & Haryana High Court and the Supreme Court of India.
From 1 July 2024, criminal law in India operates under three new statutes: the Bharatiya Nyaya Sanhita, 2023 in place of the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of the Criminal Procedure Code, and the Bharatiya Sakshya Adhiniyam, 2023 in place of the Evidence Act. Offences committed before that date continue to be tried under the old statutes, which means many files now involve both.
Stages of a criminal case, and what matters at each
1. Investigation
Begins with the FIR under Section 173 BNSS. This is where statements are recorded, recoveries are made and the shape of the prosecution case is fixed. The defence work here is protective: obtaining the FIR, responding correctly to a Section 35(3) BNSS notice, securing bail, and ensuring that nothing is signed without being read.
2. Chargesheet and cognizance
The police file a report under Section 193 BNSS. The court then takes cognizance and supplies copies to the accused. This is the first moment you see the full case against you — the statements, the documents, the expert reports — and it is when a real defence strategy can finally be built.
3. Framing of charge, or discharge
The most underused stage in Indian criminal practice. Before charges are framed, the accused can apply for discharge on the ground that no case is made out even taking the prosecution material at its highest. A successful discharge ends the matter without a trial. Even a partial success — dropping the gravest section — changes the entire complexion of the case, including bail and sentencing exposure.
4. Prosecution evidence and cross-examination
Witnesses are examined and cross-examined. This is the heart of the trial, and it is won by preparation: the contradictions between a witness's statement to the police and their testimony in court are what the defence is built from, and they only surface if the file has been read closely.
5. Statement of the accused and defence evidence
The accused is examined under Section 351 BNSS and given the opportunity to explain the circumstances appearing against him. Defence witnesses may then be led, though frequently the better strategy is to rely on the weaknesses in the prosecution case rather than to open a defence to cross-examination.
6. Arguments, judgment and appeal
Final arguments, judgment, and where necessary an appeal. Limitation for appeals runs from the date of judgment, and it is short.
Offences handled
- Property and dishonesty offences — theft, extortion, criminal breach of trust, cheating under Section 318 BNS (formerly Section 420 IPC), forgery and use of forged documents.
- Offences against the person — hurt, grievous hurt, criminal intimidation, wrongful restraint and confinement, assault.
- White-collar and economic offences — corporate fraud, misappropriation, criminal breach of trust by employees and directors, and proceedings under the Prevention of Money Laundering Act, 2002 including summons and interrogation before the Enforcement Directorate.
- NDPS Act matters — where the quantity involved and strict compliance with search, seizure and sampling procedure are decisive.
- Arms Act matters — possession, licensing and recovery cases.
- Organised crime under Section 111 BNS, increasingly invoked in syndicate fraud prosecutions.
- Matrimonial criminal matters — Section 85 BNS (formerly 498A IPC) and Domestic Violence Act proceedings.
- Summons, warrants and proclamation — including recall of warrants and setting aside proceedings under Sections 84 and 85 BNSS where an accused was never served.
Where defences are actually found
Acquittals rarely come from a dramatic revelation. They come from accumulated defects in the prosecution case:
- Delay in the FIR without explanation, which allows for deliberation and embellishment
- Contradictions between the complaint, the statements recorded during investigation, and the testimony in court
- Procedural non-compliance in search, seizure, sampling and recovery — decisive in NDPS matters
- Independent witnesses not joined where they were available, or turning hostile
- Electronic evidence produced without proper certification under Section 63 BSA
- Chain of custody gaps between seizure, storage and expert examination
- Civil disputes dressed as criminal cases — a recurring feature of commercial and matrimonial complaints, and a strong ground for quashing
On quashing: where the FIR discloses no offence, where the dispute is essentially contractual, or where the parties have genuinely settled a compoundable matter, a petition under Section 528 BNSS before the High Court can end proceedings years earlier than a trial would. It is discretionary, and it depends entirely on the material on record.
Our services
What service we provide
Criminal matters handled
From an FIR at a Gurugram police station through to appeal.
Cheating & fraud
Section 318 BNS and related provisions — commercial disputes, investment complaints and breach of trust allegations.
Offences against the person
Hurt, grievous hurt, assault, criminal intimidation, wrongful confinement and related matters.
White-collar & PMLA
Corporate fraud, misappropriation, and Enforcement Directorate summons, statements and attachment proceedings.
NDPS matters
Where quantity and strict compliance with search, seizure and sampling procedure decide the case.
Arms Act
Possession, licensing and recovery matters, including cases arising from routine checking.
Quashing & discharge
Ending a case before trial where the material does not disclose an offence or the dispute is civil in nature.
How it runs
How a criminal matter is conducted
Assessment of the file
The FIR, chargesheet or summons is read against the sections actually invoked, and you are told what the realistic range of outcomes is.
Protective steps
Bail secured, warrants recalled, and coercive action addressed before anything else is attempted.
Discharge or quashing considered first
Before settling in for a trial, the question is asked whether the case can be ended at the charge stage or before the High Court.
Trial preparation
Statements compared line by line against the complaint, contradictions mapped, and cross-examination prepared witness by witness.
Trial, judgment and appeal
Appearance on every date by the advocate you engaged, with the outcome of each date reported the same day, and appeal filed within limitation where needed.
Why choose this office
Why we are the best choice in Gurugram for criminal defence
Four things that make a practical difference to how your matter is run — and every one of them is something you can hold us to.
Discharge and quashing are considered before settling in for a trial
The first question asked on any file is whether the case can be ended at the charge stage or before the High Court, rather than whether it can be won in four years. That question is worth far more to you than it is to the person billing the trial.
Cross-examination is prepared witness by witness
Statements are compared line by line against the complaint, contradictions are mapped before the witness enters the box, and the file is read properly rather than skimmed the evening before.
You hear the honest assessment, including when it is bad
Some matters are better compounded, settled or withdrawn than fought. You will be told which category yours falls into at the first consultation rather than after the first invoice.
The outcome of every date reaches you the same day
Appearances are made personally, and you are told what happened on each date without having to chase anyone for it.
Questions
Frequently asked
How long does a criminal trial take in Gurgaon?
A summons-triable matter may conclude in one to two years. A warrant or sessions trial with multiple accused and a long witness list commonly runs three to five years or longer. Bail, discharge and quashing all move considerably faster than trial, which is why they are considered first rather than treated as fallbacks.
What is discharge and why does it matter?
Discharge is an application made before charges are framed, arguing that even taking the prosecution material at its highest no offence is made out against you. If it succeeds the case ends without a trial. Even partial success, where the gravest section is dropped, changes bail exposure, sentencing exposure and the whole shape of the matter. It is the most underused stage in criminal practice.
Can a criminal case be settled or withdrawn?
Some offences are compoundable and can be settled with the court's permission where required. For non-compoundable offences, the High Court can quash proceedings on the basis of a genuine settlement, particularly in disputes that are essentially private, commercial or matrimonial. Offences involving serious harm to the public are treated very differently and are generally not quashed on compromise.
I have received a summons but was never told about the case. What should I do?
Do not ignore it. Appear or have counsel appear on the date, and where a warrant or proclamation has already been issued because earlier notices never reached you, an application to recall it should be moved immediately. Non-appearance escalates quickly from summons to bailable warrant to non-bailable warrant to proclamation, and each step is harder to undo than the last.
What is the difference between the IPC and the BNS for my case?
Offences committed before 1 July 2024 continue to be investigated and tried under the Indian Penal Code and the Criminal Procedure Code. Offences from that date onward fall under the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita. Many section numbers have changed without the substance changing much, but some provisions are genuinely new. In practice, a great many current files involve both regimes.
Will you appear personally or send a junior?
The advocate you consult appears. Juniors assist with drafting, filing and administrative appearances, but arguments in your matter are made by the person who assessed your case and knows its facts.
What does criminal defence cost?
It depends on the forum, the stage at which you engage, and whether the matter is contested. The first consultation is free and a written fee quote is provided before any work begins, so that there is no discussion about money in the middle of a hearing week.
Related
Other areas of practice
Most criminal cases are decided before the trial starts
Bail, discharge and quashing all move faster than a trial. Call for a free assessment of which applies to you.