Criminal Defense Lawyer in Kolkata

Criminal defence: where the case is actually won

Criminal defence in India is decided at stages, not at one trial hearing. The first forty-eight hours, the quashing stage, the framing of charge, and the cross-examination of prosecution witnesses each carry more weight than the final argument.

The stages of a criminal case

• FIR and investigation — the accused's version is recorded, documents are collected, and any application for anticipatory bail is filed here.
• Charge sheet — the prosecution's case is set out; defects in investigation become visible and can be argued.
• Discharge and quashing — a discharge application before the trial court, or a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 482 CrPC) before the High Court, where the allegations do not disclose the offence or the dispute is essentially civil.
• Trial — framing of charge, examination of prosecution witnesses, defence evidence, and final arguments.
• Appeal and revision — before the Sessions Court or the High Court.

What is handled

The practice covers offences under the Bharatiya Nyaya Sanhita, 2023 and the corresponding provisions of the Indian Penal Code for older cases, economic offences and cheque dishonour, cyber crime and financial fraud, matters under the Protection of Children from Sexual Offences Act and the Narcotic Drugs and Psychotropic Substances Act, and matrimonial cruelty complaints. Each of these has its own procedural traps — a bail application drafted for one does not fit another.

Documents to keep ready

• Copy of the FIR, or the notice under Section 35 BNSS where no FIR is registered
• Charge sheet and any remand or bail orders
• Identity and address proof
• Documents that support the defence version — agreements, receipts, messages, medical records

What to do in the first 48 hours

Do not sign statements, do not hand over original documents without a receipt, and do not attempt to contact the complainant directly. Note the police station, the section numbers, and the name of the investigating officer. A lawyer can then file for anticipatory bail, seek the case diary, and put the defence version on record early, which matters when the charge sheet is being drafted.

Frequently asked questions

Can an FIR be quashed?

Yes. A petition under Section 528 BNSS (earlier Section 482 CrPC) lies before the High Court where the allegations do not disclose an offence, or where the dispute is essentially civil.

What should I do if the police call me for questioning?

Attend with a lawyer, do not sign any statement, and ask for the notice in writing. A notice under Section 35 BNSS must be in writing.

Is a compromise possible in a criminal case?

In compoundable offences, yes. In others, a settlement can be recorded and placed before the court, which may affect sentencing or lead to quashing in appropriate cases.

Do you appear in district courts outside Kolkata?

Yes. Appearance is arranged in the district and sessions courts of West Bengal, and consultations are held by phone or video.