Criminal law is not merely a body of statutes. It is the mechanism through which the state exercises its most consequential power — the power to deprive a person of liberty. Whether you are facing an FIR, have been summoned by a court, are in custody, or anticipate that a criminal complaint is being prepared against you, the quality of legal representation you secure from the very first moment will shape every stage of what follows.
The Legal Landscape: How Indian Criminal Law Works Today
As of July 1, 2024, three new criminal codes replaced the colonial-era legislation that had governed Indian criminal law for over a century. The Bharatiya Nyaya Sanhita (BNS) 2023 replaced the Indian Penal Code 1860. The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 replaced the Code of Criminal Procedure. The Bharatiya Sakshya Adhiniyam (BSA) 2023 replaced the Indian Evidence Act. Cases filed before July 1, 2024 continue under the old codes; cases filed after proceed under the new framework.
The new codes introduce significant changes — including electronic FIRs, timelines for trial completion, expanded provisions on organised crime, and revised bail standards. Practitioners who understand both the outgoing and incoming frameworks are essential for cases that straddle the transition.
Indian criminal law distinguishes between cognizable and non-cognizable offences (whether police can arrest without a warrant), and between bailable and non-bailable offences (whether bail is a right or subject to judicial discretion). These distinctions determine what happens in the first hours after an FIR is filed — and experienced counsel must intervene at precisely that point.
How Criminal Proceedings Move Through the Madhya Pradesh Courts
A criminal case in Madhya Pradesh typically moves through the following sequence: FIR registration at the police station → police investigation → filing of chargesheet before the Magistrate → cognisance by Magistrate → committal to Sessions Court (for offences triable by Session Judge) → framing of charges → evidence → arguments → verdict → appeal, if needed.
At Indore, first-instance criminal jurisdiction sits with the Judicial Magistrate First Class (JMFC) for lesser offences and the Principal Sessions Judge / Additional Sessions Judge, Indore for sessions-triable offences. Appeals and revisions move to the High Court of Madhya Pradesh at its Indore Bench, which exercises jurisdiction over thirteen districts of western Madhya Pradesh — the entire Malwa and Nimar region. Further appeals lie before the Supreme Court of India.
Intervention at the earliest stage — ideally before arrest, or immediately upon arrest — gives counsel the best window to apply for anticipatory bail, challenge unlawful detention, ensure that the investigation is conducted in accordance with legal procedure, and prevent the filing of an inflated or false chargesheet.
Areas of Criminal Practice
A full-service criminal practice at the trial, High Court, and Supreme Court levels covers the following:
- Bail and anticipatory bail: Applications before the Sessions Court and MP High Court Indore Bench under Sections 480–482 BNSS
- FIR quashing: Petitions under Section 528 BNSS (formerly Section 482 CrPC) before the High Court where an FIR discloses no offence or is patently mala fide
- Trial defence: Representation in cases under the Indian Penal Code, Bhartiya Nyay Sanhita (BNS), NDPS Act, Prevention of Corruption Act, PMLA, IBC, cyber laws, and other special statutes
- Appeals and revisions: Challenging acquittals, convictions, and quantum of sentence before the Sessions Court, High Court, and Supreme Court
- Prosecution: Representing the complainant or state in serious matters, including anti-corruption cases
- White-collar crime: Bank fraud, corporate fraud, economic offences under IBC and Companies Act
Related Reading: Government Appointment: Advocate Raghvendra Singh Raghuvanshi has been appointed by the Government of Madhya Pradesh as Special Public Prosecutor, Special Police Establishment (Lokayukt) at the MP High Court Indore Bench — a role assigned exclusively for handling anti-corruption cases. This appointment reflects the standard of credibility the firm has established over its nineteen years in practice.
Your Right to Counsel — and Why Early Intervention Matters
Article 22 of the Constitution of India guarantees every arrested person the right to consult and be defended by a legal practitioner of their choice. The Supreme Court in Arnesh Kumar v. State of Bihar (2014) underscored that arrest is not a default response to every cognizable offence — police must record reasons, issue notice under Section 41A CrPC, and demonstrate why arrest is necessary. A lawyer present at the stage of police notice or Magistrate remand can challenge unlawful arrest and protect the accused’s rights at the threshold.
For those on the other side — complainants — early legal counsel ensures that the FIR is properly worded, that evidence is preserved, and that the investigation is not allowed to be diluted through procedural inaction.
Raghuvanshi Vaidya & Partners has been practising criminal law in Indore for over 19 years, appearing regularly before the MP High Court Indore Bench and the Supreme Court. Case status for all pending matters can be tracked via the eCourts MP High Court portal. Rated among the top criminal lawyers in Indore by ThreeBestRated, the firm’s client base includes multinational corporations — including Volvo-Eicher, Ajanta Pharma, Airtel, and ICICI Lombard — in commercial criminal matters, alongside individuals facing serious criminal charges across the range of BNS and special legislation offences. In a 2026 ruling covered by Verdictum.in, the MP High Court Indore Bench upheld a challenge by Advocate Raghvendra Singh Raghuvanshi, ruling that an organised crime charge under Section 111 BNS requires prior charge-sheets with judicial cognisance taken — an important interpretation of the new criminal codes that protects accused persons from overcharged complaints.
Related Reading: Related Reading: How to Apply for Bail in Indore · How to Apply for Anticipatory Bail in Madhya Pradesh · Understanding NDPS Act Cases in India
Frequently Asked Questions
What is the first thing I should do if an FIR is filed against me?
Contact an advocate immediately — before making any statement to police. You have the right to consult a lawyer before being interrogated. If the offence is non-bailable, your lawyer will immediately assess whether anticipatory bail is available and file an application before the Sessions Court or High Court.
Can an FIR be cancelled or quashed?
Yes. The High Court under Section 528 BNSS (formerly Section 482 CrPC) can quash an FIR if it discloses no cognizable offence, if the allegations are manifestly frivolous or mala fide, if a civil dispute has been given a criminal colour, or if the parties have settled in compoundable offences. The Supreme Court has laid down guidelines on when quashing is appropriate in cases like State of Haryana v. Bhajan Lal (1992).
What is the difference between a bailable and non-bailable offence?
For bailable offences (listed in the First Schedule to BNSS), bail is a matter of right — the accused is entitled to bail upon furnishing surety. For non-bailable offences, bail is at the court’s discretion and must be applied for, with the court considering factors including gravity of the offence, criminal antecedents, and risk of flight or evidence tampering.
How long can police hold someone in custody without producing them before a Magistrate?
Under Section 58 BNSS (formerly Section 57 CrPC), a person arrested without warrant cannot be detained in custody beyond 24 hours without being produced before the nearest Magistrate. The Magistrate may then authorise further detention (remand), but the total remand period for investigation cannot exceed 15 days (extended to 60/90 days for serious offences before a chargesheet must be filed).
What does the Special Public Prosecutor (SPP) appointment mean for Lokayukt cases?
The Lokayukt (Special Police Establishment) is the anti-corruption body of the Government of Madhya Pradesh. A Special Public Prosecutor appointed by the state government argues anti-corruption cases before the High Court on behalf of the state. The appointment is a position of trust conferred by the government on advocates of demonstrated competence in criminal law.
Leave a Comment