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Frequently Asked Questions
The questions this office is asked most often, answered plainly. If yours is not here, call or send it on WhatsApp — there is no charge for a question.
General
Is the first consultation really free?
Yes. The first conversation — on the phone, on WhatsApp or at the Civil Lines chamber — costs nothing and carries no obligation. You will get a read on your position and an indication of cost before any engagement is discussed.
What does a criminal lawyer in Gurgaon cost?
Fees vary with the forum, the stage at which you engage and the complexity of the matter. A single bail application before the Sessions Court and a contested NDPS trial are not comparable pieces of work. What is fixed is the method: a written quote before work begins, and no revision mid-matter without a fresh discussion.
Can you guarantee bail, an acquittal or a de-freezing?
No, and neither can anyone else. Outcomes depend on the facts, the evidence, the provisions invoked and the court. What you can reasonably expect is an honest assessment, competent preparation and appearance on every date. Treat a guaranteed result as a reason to walk away.
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 it.
I live outside Haryana. Can you still act for me?
Yes, and a large share of the practice works that way. Consultations by phone and video, documents by WhatsApp or email, and appearance on your behalf wherever personal presence is not legally required. Cyber complaints in particular are often registered in a district the client has never visited.
How quickly do you respond?
The line is answered around the clock. Genuine emergencies — an arrest in progress, a hearing listed tomorrow, an account frozen today — are triaged ahead of everything else. Say at the start of the call that it is urgent.
Bail and arrest
How fast can anticipatory bail be filed in Gurgaon?
Where the papers are available and the facts are clear, an application under Section 482 BNSS can usually be drafted and filed on the same working day before the Sessions Court at Gurugram. Listing depends on the roster, but urgency can be pressed. Weekend and holiday emergencies go through the duty magistrate arrangement.
Can I apply for anticipatory bail after being arrested?
No. Anticipatory bail is protection against arrest and is unavailable once arrest has happened. At that point the remedy is regular bail, from a weaker position. This is the strongest practical reason to act on a notice or FIR immediately.
Someone has been arrested. What happens in the first 24 hours?
Under Article 22(2) of the Constitution and Section 58 BNSS, an arrested person must be produced before a Magistrate within twenty-four hours, excluding travel time. A prepared bail application at that first production is materially better than one filed a week later. Note the police station, the time of arrest and the arrest memo details, and call immediately.
What is default bail?
If the chargesheet is not filed within sixty days — or ninety days for offences punishable with death, life imprisonment or ten years or more — the accused becomes entitled to release under Section 187 BNSS. Two things are commonly lost: the right must be claimed, no court grants it on its own motion; and it evaporates the moment the chargesheet is filed.
What happens if bail is rejected?
Rejection by the Sessions Court is not the end. A fresh application lies before the Punjab & Haryana High Court, with the grounds reframed rather than repeated. A fresh application before the same court is also possible on a genuine change of circumstances, such as the chargesheet being filed or a co-accused being released.
What are the usual bail conditions?
Typically appearing on every date, not leaving the jurisdiction or the country without permission, surrendering the passport, joining the investigation when directed, and not contacting witnesses. Breach can lead to cancellation, which is far harder to undo than the original grant was to obtain.
Cyber crime and frozen accounts
Money was fraudulently taken from my account. What do I do right now?
Call 1930 or file at cybercrime.gov.in immediately, and inform your bank in writing the same day, keeping the acknowledgement. Under the RBI's limited-liability framework, an unauthorised third-party transaction reported within three working days generally leaves you with zero liability; delay shifts the loss onto you. Early reporting also gives a genuine chance of the funds being held before withdrawal.
Why has my bank account been frozen when I have done nothing?
Almost always because funds from a complaint filed somewhere in India were traced into your account, directly or through intermediate accounts. Common innocent categories are sellers paid with tainted money, crypto P2P traders, and account holders several hops down a payment chain. Being in the trail and being an accused are different things.
How long does it take to unfreeze a bank account?
There is no statutory timeline. A single complaint with a small disputed amount and a cooperative investigating officer can often be resolved at the representation stage within weeks. Several complaints linked across states take considerably longer, and partial release is usually the realistic objective. Anyone quoting a guaranteed number of days is guessing.
Can I get part of my money released?
Usually yes, and it is the strongest argument available. Where a small sum is disputed but the whole balance has been blocked, courts have consistently held that the freeze should extend only to the disputed amount. Proportionate release of the undisputed balance is a standard prayer and is frequently granted.
Is a cyber crime case bailable?
It depends on the sections. Most standalone IT Act offences carry a maximum of three years and are bailable. Once Section 318 BNS (cheating, formerly Section 420 IPC) is added, the offence becomes non-bailable and bail must be applied for and argued. Check the FIR's section list before assuming.
Can a cyber crime FIR be quashed?
In appropriate cases, yes, under Section 528 BNSS before the High Court — where the FIR discloses no offence, where the dispute is essentially civil or contractual, or where the parties have genuinely settled a compoundable matter. It is discretionary and turns on the material on record.
Criminal cases and procedure
Should I answer a Section 35(3) BNSS notice from the police?
Yes, but with counsel and after reading it. A notice to appear (formerly Section 41A CrPC) is an alternative to arrest, and ignoring it is the fastest way to convert a summons into a warrant. Attend, cooperate, and decline to sign anything you have not read or do not agree with.
What is the difference between the IPC and the BNS?
Offences committed before 1 July 2024 continue to be investigated and tried under the Indian Penal Code and the Criminal Procedure Code. From that date, the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita apply. Many section numbers changed without much change in substance, but some provisions are genuinely new, and many current files involve both regimes.
What is discharge and why does it matter?
An application made before charges are framed, arguing that no offence is made out even taking the prosecution material at its highest. If it succeeds the case ends without a trial. Even partial success, where the gravest section is dropped, changes bail and sentencing exposure. It is the most underused stage in Indian criminal practice.
How long does a criminal trial take in Gurgaon?
A summons-triable matter may conclude in one to two years. A sessions trial with multiple accused commonly runs three to five years or longer. Bail, discharge and quashing all move considerably faster, which is why they are considered first.
I was never served but a warrant has been issued. What now?
Appear, or have counsel appear, and move immediately to recall the warrant. Non-appearance escalates from summons to bailable warrant to non-bailable warrant to proclamation under Sections 84 and 85 BNSS, and each step is harder to undo than the last.
Cheque bounce, family and other matters
What is the deadline in a cheque bounce case?
The legal notice must reach the drawer within thirty days of your receiving the bank's dishonour memo. He then has fifteen days to pay, and the complaint must be filed within the following thirty days. Missing the notice window extinguishes that cause of action permanently.
Is it better to settle a cheque bounce case?
Often. The offence is compoundable, courts encourage settlement, and the compounding costs prescribed by the Supreme Court rise the later the settlement comes. For a drawer who cannot realistically pay, early settlement almost always costs less than years of appearances.
How long does a mutual consent divorce take?
Ordinarily six to eight months, comprising both motions and the statutory cooling-off period. Where the parties have been separated for a long time and the settlement is complete, waiver of the cooling-off period can be sought following Amardeep Singh v. Harveen Kaur, and matters have concluded in two to three months.
I have been named in a 498A complaint along with my elderly parents. What should we do?
Anticipatory bail for everyone named is the immediate priority. Following Arnesh Kumar v. State of Bihar, automatic arrest is not permitted in most such cases and a notice under Section 35(3) BNSS should be issued instead. Relatives named without any specific allegation against them are strong candidates for quashing.
Our families oppose our marriage. Can we still marry?
Yes. Two consenting adults have the right to marry a person of their choice, and the Supreme Court has affirmed this repeatedly. Where there is a genuine apprehension of harm, a protection petition can be filed before the Punjab & Haryana High Court seeking police protection, and such petitions are commonly heard quickly.
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