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Criminal Lawyer in Delhi

Criminal cases in Delhi range from cheque bounce complaints at the NI Act courts and matrimonial FIRs to cheating, assault and NDPS cases, spread across seven district court complexes and the Delhi High Court. This page explains how a criminal case moves in Delhi, whether you are the complainant or the accused, and what to prepare before your first meeting with an advocate.

Quick answer

In Delhi, a person arrested by the Delhi Police is produced before the Magistrate, and regular bail for most offences is first sought there. Criminal Lawyers in Delhi advise on the law, draft the papers and appear for you. Booking a first consultation with an enrolled advocate through Mara Vakil is free.

Criminal cases in Delhi: complaints, FIRs and trials

People in Delhi come for criminal law help from both sides. Complainants want an FIR registered after a police station has refused to act, for example in a property fraud where a GPA holder sold the same flat twice, a job or visa scam run from a Laxmi Nagar office, or an assault in a neighbourhood parking dispute. Business owners in Karol Bagh or Okhla want to file cheque bounce complaints. On the other side, people are named in FIRs for cheating, criminal breach of trust, dowry harassment, hurt or criminal intimidation, often arising out of a family or money dispute. Some need help only at one stage, such as answering a police notice, opposing a charge, or filing an appeal against a conviction. The right step depends on what has happened so far and which court has the file.

For incidents on or after 1 July 2024, offences are defined in the Bharatiya Nyaya Sanhita, 2023 (BNS), procedure in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and evidence in the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Common provisions include cheating under Section 318 BNS (old Section 420 IPC), criminal breach of trust under Section 316 (old 406), cruelty to a married woman under Section 85 (old 498A), hurt under Section 115 (old 323) and criminal intimidation under Section 351 (old 506). An FIR is registered under Section 173 BNSS (old Section 154 CrPC), which now allows zero FIRs and e-FIRs. If the police refuse, a complaint can go to the Superintendent or Deputy Commissioner of Police and then to the Magistrate under Section 175(3) BNSS (old Section 156(3)). Cheque bounce stays under Section 138 of the Negotiable Instruments Act.

Main law: Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; Bharatiya Sakshya Adhiniyam, 2023; IPC, CrPC and Indian Evidence Act for older cases; Negotiable Instruments Act, 1881 (Section 138); NDPS Act and POCSO Act.

Where these matters are heard in Delhi

Most criminal cases start before a Judicial Magistrate or Metropolitan Magistrate in the court complex for the district where the offence took place: Tis Hazari, Patiala House, Karkardooma, Rohini, Dwarka, Saket or Rouse Avenue. Each complex also has courts that hear Section 138 NI Act complaints, and a large share of Delhi's criminal list is cheque bounce work. Serious offences such as murder, rape and dowry death are tried by Sessions Courts, while NDPS and POCSO cases go to designated special courts. Rouse Avenue generally hears cases investigated by the CBI and anti-corruption agencies, and cases involving MPs and MLAs.

The Delhi High Court hears criminal appeals, revisions, bail after rejection and petitions to quash FIRs or proceedings under Section 528 BNSS (old Section 482 CrPC). Its mediation centre, Samadhan, and the mediation centres in each district complex often help settle compoundable and matrimonial disputes. Appeals from the Delhi High Court go to the Supreme Court. Your advocate will confirm the correct court before anything is filed.

Police will not register the FIR

Send a written complaint to the Deputy Commissioner of Police of the district, keep the dispatch proof, and then approach the Magistrate under Section 175(3) BNSS. Keep copies of everything you send.

Cheque bounce in Delhi

Send a legal notice within 30 days of the return memo, wait 15 days for payment, and file the complaint within the next month in the court with jurisdiction over the payee's bank branch.

Quashing after settlement

Where parties settle a matrimonial or money dispute, the Delhi High Court can quash the FIR. Settlement terms are usually recorded through mediation first.

How a criminal matter usually moves in Delhi

  1. Complaint or FIR
    The complainant goes to the police station or files online. For offences punishable with three to seven years, the police may hold a preliminary inquiry under Section 173(3) BNSS before registering the FIR. Ask for a copy of the FIR, which is free for the complainant.
  2. Investigation
    The Investigating Officer records statements, collects documents, CCTV and phone records, and may send notices under Section 35 BNSS. Searches and seizures must now be video recorded.
  3. Charge sheet or closure report
    The police file a final report in the Magistrate court. If it is a closure report, the complainant can file a protest petition and must be heard.
  4. Cognizance and summons
    The court takes cognizance and summons the accused. The accused appears, takes bail if needed and receives copies of the police papers.
  5. Charge or discharge
    The court hears both sides on whether there is enough material to frame charges. The accused may seek discharge at this stage.
  6. Trial, judgment and appeal
    Prosecution and defence witnesses are examined, then arguments and judgment. An appeal lies to the Sessions Court or the Delhi High Court, depending on which court passed the judgment.

Documents to keep ready

  • Copy of the FIR or written complaint, with the diary number given by the police station
  • Proof of sending the complaint to the DCP or SHO, such as speed post receipts
  • Agreements, receipts, bank statements, WhatsApp chats and emails linked to the dispute
  • For cheque bounce: original cheque, return memo, legal notice, postal proof and tracking report
  • CCTV footage, photographs or medical (MLC) papers from the hospital, in assault cases
  • Any police notice, summons or court order already received
  • Identity and address proof of the client and witnesses
  • Earlier complaints, civil suits or mediation records between the same parties

Mistakes to avoid

  • Filing a criminal case for what is purely a money or contract dispute, which the Delhi High Court may later quash as an abuse of process.
  • Waiting too long to collect CCTV footage from Delhi markets, residential societies or Metro stations, which is often overwritten within days. Ask the police in writing to preserve it.
  • Missing the 30-day notice period or the filing deadline in a cheque bounce case.
  • Signing a statement in Hindi at the police station without reading it or understanding it fully.
  • Skipping court dates in a district complex, which can lead to non-bailable warrants against the accused or dismissal of the complaint.
  • Settling a matrimonial dispute privately without recording it, so that the FIR stays alive even after the settlement.

Delhi: local points to know

Choosing and working with an advocate

Look for an advocate who regularly appears in the court complex where your case is listed, and who handles the side you are on, whether complainant or accused. Ask how often they appear in that court, whether they also handle Sessions and Delhi High Court work, and who will cover dates when they cannot attend. Check the advocate's enrolment number with the Bar Council of Delhi or the State Bar Council where they are enrolled. Share every paper and every earlier case honestly. Keep a simple file with dates, orders and copies, because criminal trials in Delhi can run for several years.

Agree in writing what the fee covers, such as the bail stage, the trial up to judgment, or an appeal, and whether appearance fees are per date. Fees vary with the advocate and the matter, so take a receipt for each payment. People who cannot afford an advocate can get free legal aid through the Delhi State Legal Services Authority, the legal aid office in each district court complex, or the NALSA helpline 15100. Mara Vakil is free for clients: you describe your matter once, and enrolled advocates who handle criminal cases in Delhi contact you.

On Mara Vakil you describe your matter once and enrolled advocates who handle criminal matters in Delhi can accept it and call you. Mara Vakil charges clients nothing to find or consult advocates. Send your matter

Questions people ask about criminal matters in Delhi

The police station in Delhi is not registering my FIR. What can I do?

Send a written complaint by post or email to the Deputy Commissioner of Police of that district and keep proof. If there is still no action, you can file an application before the Magistrate under Section 175(3) BNSS asking for a direction to register the FIR and investigate. The Magistrate may first call for a report from the police.

Can I file an FIR online in Delhi?

Delhi Police allows online complaints and e-FIRs for certain offences, such as vehicle theft and some property theft. The BNSS also allows an e-FIR to be signed by the complainant within three days. For other offences, you can file the complaint online but may need to visit the police station. A zero FIR can be lodged at any police station.

Where do I file a cheque bounce case in Delhi?

Generally in the court that has jurisdiction over the bank branch where the payee presented the cheque or maintains the account. In Delhi, that will be the NI Act court in the relevant district complex. The complaint must be filed within one month after the 15-day notice period ends, though delay can be condoned for good reason.

Can a criminal case be withdrawn after a compromise?

Compoundable offences can be compounded before the trial court with the complainant's consent. For non-compoundable offences, such as many cases under Section 85 BNS after a matrimonial settlement, the parties usually approach the Delhi High Court to quash the FIR. The court looks at the nature of the offence and the genuineness of the settlement.

Do older Delhi cases still use the IPC and CrPC?

Yes. If the FIR was registered before 1 July 2024, the investigation and trial continue under the CrPC and the IPC defines the offence. For incidents and FIRs after that date, the BNS, BNSS and BSA apply. Your advocate will check the FIR date first, because section numbers and some procedures differ.

How long does a criminal trial take in Delhi?

It depends on the court's workload, the number of witnesses and how regularly witnesses appear. Magistrate trials in simple cases can finish faster, while Sessions trials often take longer. Avoiding adjournments from your side, keeping witnesses ready and following up on summons help. No advocate can honestly promise a fixed timeline.

Does Mara Vakil charge clients?

No. Describing your matter and booking a first consultation with an enrolled advocate is free. Any fee for further work is agreed directly between you and the advocate.

Related pages

Other help in Delhi:

Criminal Lawyer in other cities:

Guide: Bail application process in India

This page gives general information about the law in Delhi, Delhi. It is not legal advice and is not an advertisement or solicitation by any advocate. Laws and court practice change; confirm details with an advocate before acting. Mara Vakil is a technology platform, not a law firm. Read our disclaimer.

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