Criminal Lawyer in Kolkata

FIRs, criminal complaints, trials and quashing in Kolkata

Criminal matters reach advocates in Kolkata from both sides. Complainants come when the local police station delays registering an FIR for theft, assault, cheating or harassment. Accused persons come after being named in an FIR, often arising out of property quarrels, business disagreements, matrimonial disputes or neighbourhood fights. Cheque dishonour complaints under Section 138 of the Negotiable Instruments Act are also common among traders and small businesses. Some people need help only for a notice from the police asking them to appear, while others face a full trial.

From 1 July 2024 the Bharatiya Nyaya Sanhita, 2023 (BNS) defines offences, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) sets out procedure, and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs evidence. For example, cheating is now Section 318 BNS (old Section 420 IPC), and cruelty by husband or relatives is Section 85 BNS (old Section 498A IPC). Cases registered before that date generally continue under the IPC and CrPC, so an advocate must first check which regime applies.

An FIR for a cognizable offence is registered under Section 173 BNSS (old Section 154 CrPC), and it can now also be lodged electronically and as a Zero FIR at any police station, which must transfer it to the station with jurisdiction. If the police refuse, the complainant can approach the Deputy Commissioner or senior officer, and then the Magistrate under Section 175(3) BNSS (old Section 156(3)). An accused who believes a case is an abuse of process can ask the High Court to quash it under Section 528 BNSS (old Section 482 CrPC).

Where these matters are heard in Kolkata

In Kolkata, most criminal cases begin before the Chief Metropolitan Magistrate Court at Bankshall Street or other Metropolitan Magistrate courts in the city. Magistrates deal with remand, bail in many offences, private complaints, cheque bounce cases and trials of offences not exclusively triable by a Court of Session. Serious offences are committed to the City Sessions Court, Kolkata for trial. Areas under South 24 Parganas are generally handled at the Alipore courts, while cases investigated by Bidhannagar Police for Salt Lake and New Town follow their own assignment, which your advocate will confirm. Cheque dishonour complaints are filed in the Magistrate court with jurisdiction over the bank branch where the payee presented the cheque.

An appeal against conviction by a Magistrate lies to the Sessions Court, and an appeal from the Sessions Court lies to the Calcutta High Court. Revision petitions against interlocutory and final orders can also be filed, within limits. Quashing petitions under Section 528 BNSS go directly to the Calcutta High Court, and a further challenge lies to the Supreme Court by special leave.

How a criminal matter usually moves in Kolkata

1. Report or respond to the complaint
   A complainant lodges an FIR at the police station or online, while an accused obtains a copy of the FIR as soon as possible. Both sides should write down the facts while memory is fresh.
2. Investigation by the police
   The investigating officer records statements, collects documents and may seize phones or other material. For offences punishable with three to seven years, the BNSS allows a preliminary enquiry before registration in some cases. The complainant and the accused may each be asked to give statements and produce documents.
3. Arrest, notice and bail
   For many offences the police issue a notice to appear rather than arresting immediately. If arrested, the accused must be produced before a Magistrate within 24 hours, and a bail application is moved without delay.
4. Chargesheet or closure report
   On completing investigation, the police file a police report under Section 193 BNSS (old Section 173 CrPC), either a chargesheet or a closure report. The complainant has a right to be informed and may file a protest petition against closure.
5. Framing of charges and trial
   The court hears both sides on whether charges should be framed or the accused discharged. If charges are framed, prosecution witnesses are examined and cross-examined, followed by the defence evidence and the statement of the accused. Under the BSA, electronic records such as messages and call records can be produced as evidence with the required certificate.
6. Judgment and appeal
   The court delivers its judgment of conviction or acquittal, and in case of conviction hears the parties on sentence. Either side can then file an appeal or revision within the time allowed. Appeals against acquittal by the State or the complainant follow their own rules and time limits.

Kolkata: local points to know

• Kolkata Police covers most of the city, while Bidhannagar Police covers Salt Lake and New Town, so the right police station and the senior officer to approach depend on the locality.
• The Chief Metropolitan Magistrate Court at Bankshall Street is the central seat for many criminal matters, including private complaints and cheque dishonour cases arising in the city.
• Police statements and local records are often written in Bengali, and accused persons from outside West Bengal should ask for translations so they understand exactly what is alleged.
• Matters arising in South 24 Parganas are usually heard at the Alipore courts rather than in central Kolkata, which matters when planning court appearances.
• The Calcutta High Court regularly hears quashing petitions, especially where business or matrimonial disputes have been given a criminal colour, and settlement can sometimes lead to quashing.

Choosing and working with an advocate

Choose an advocate who regularly practises in the criminal courts where your case is pending, whether Bankshall Street, the City Sessions Court, the Alipore courts or the Calcutta High Court. Ask for the advocate's enrolment number and confirm it with the Bar Council of West Bengal. Be completely honest about the facts during the consultation, because a strategy built on an incomplete account can fail at trial.

Agree in writing what the fee covers, such as bail, trial appearances, or a quashing petition, and ask for receipts for every payment. Fees depend on the advocate and the stage and seriousness of the matter. Mara Vakil helps you find enrolled advocates and book a free consultation; it charges clients nothing to find or consult advocates, is not a law firm and does not offer legal advice. If you need free legal aid, the NALSA helpline 15100 can guide you.

On Mara Vakil you describe your matter once and enrolled advocates who handle criminal matters in Kolkata 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 Kolkata

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This page gives general information about the law in Kolkata, West Bengal. 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.