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Criminal Lawyer in Mumbai

Criminal cases in Mumbai can start at any of the city's many police stations, the Railway Police, the Economic Offences Wing or a cyber police station, and each path leads to a different court. This page explains how criminal matters move through Mumbai's Magistrate and Sessions Courts under the new criminal laws, and what to do whether you are the complainant or the accused.

Quick answer

In Mumbai, a person arrested by the Mumbai Police is produced before the Magistrate, and regular bail for most offences is first sought there. Criminal Lawyers in Mumbai 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 Mumbai

People in Mumbai approach criminal advocates in many different situations. A family member has been detained after a fight in a housing society, a road accident on the Western Express Highway or a scuffle on a local train. A small investor has lost money in a deposit or chit scheme and wants the Economic Offences Wing to act. A businessman receives a notice from the police in a cheating complaint filed by a former partner. A woman wants to file a complaint of harassment at the workplace or on the street but the police station is slow to register it. Others come after the charge sheet is filed, wanting to know how long the trial in the Sessions Court will take, or whether the case can be quashed by the Bombay High Court because it is really a civil dispute. Some simply need help with a seized vehicle or phone, or permission to travel abroad while a case is pending.

Since 1 July 2024, offences are defined by the Bharatiya Nyaya Sanhita, 2023 (BNS), procedure is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and evidence by the Bharatiya Sakshya Adhiniyam, 2023. Common offences include cheating under Section 318 BNS (old Section 420 IPC), criminal breach of trust under Section 316 BNS (old Section 406 IPC), criminal intimidation under Section 351 BNS (old Section 506 IPC) and cruelty to a married woman under Section 85 BNS (old Section 498A IPC). An FIR is registered under Section 173 BNSS (old Section 154 CrPC), which now allows e-FIR and zero FIR. Cases registered before 1 July 2024 continue under the IPC and CrPC. Maharashtra also has special laws such as the Maharashtra Control of Organised Crime Act, 1999 and the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, which have their own special courts and stricter bail rules.

Main law: Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; Bharatiya Sakshya Adhiniyam, 2023 (IPC, CrPC and Evidence Act for older cases); MCOCA, 1999; MPID Act, 1999; NDPS Act, 1985; Negotiable Instruments Act, 1881.

Where these matters are heard in Mumbai

Most criminal cases in Mumbai begin before a Metropolitan Magistrate. The Chief Metropolitan Magistrate Court sits at Esplanade, and Metropolitan Magistrate Courts sit at places such as Girgaon, Mazgaon, Bandra, Andheri, Kurla, Vikhroli, Mulund and Borivali, each linked to a group of police stations. Serious offences triable by the Court of Session go to the City Civil and Sessions Court at Fort for the island city, or to the Sessions Court at Dindoshi in Goregaon for many suburban police stations. Special courts at the Sessions Court hear NDPS, MCOCA, MPID, POCSO and other special law cases. Cheque bounce cases under Section 138 of the Negotiable Instruments Act are filed before the Magistrate with jurisdiction over the payee's bank branch.

The Bombay High Court at Fort hears criminal appeals, revisions, bail after rejection by the Sessions Court, and petitions to quash FIRs or proceedings under Section 528 BNSS (old Section 482 CrPC). Thane, Navi Mumbai and Mira-Bhayandar have their own police commissionerates and their own district courts, so an incident just outside city limits will be handled by a different police force and court. Certified copies of orders can be applied for at the court registry, and case status and next dates for Mumbai courts are available on the e-Courts website and the Bombay High Court website.

If you are accused

Advice on a Section 35 BNSS notice, anticipatory bail, regular bail, remand hearings and the defence at trial before the Magistrate or Sessions Court. Early advice helps you avoid statements that later hurt the defence.

If you are the victim

Help getting an FIR registered, a complaint to the Magistrate when police do not act, and following up the investigation and the trial as the complainant. Victims also have a right to be heard on bail and to receive updates.

Quashing and High Court work

Petitions before the Bombay High Court to quash an FIR, including after a settlement in compoundable or largely private disputes, and criminal appeals and revisions.

How a criminal matter usually moves in Mumbai

  1. FIR or complaint
    The complaint is made at the police station with jurisdiction, through e-FIR, or as a zero FIR that is later transferred. If the police refuse, the complainant can write to the Deputy Commissioner of Police and then approach the Magistrate under Section 175(3) BNSS (old Section 156(3) CrPC).
  2. Investigation
    Police record statements, collect CCTV footage, call records and documents, and may issue a notice of appearance under Section 35 BNSS (old Section 41A CrPC) for offences punishable up to seven years.
  3. Arrest and bail
    If an arrest is made, the person must be produced before the Metropolitan Magistrate within twenty-four hours. Bail is sought before the Magistrate or Sessions Court, and anticipatory bail can be sought before arrest.
  4. Charge sheet
    The police file the final report under Section 193 BNSS (old Section 173 CrPC). The accused receives copies of the charge sheet and documents, increasingly in electronic form.
  5. Charge and trial
    The court frames charges, and witnesses are examined and cross-examined. Trials before the Sessions Court in Mumbai can take a long time because of heavy lists, so regular attendance matters.
  6. Judgment and appeal
    After arguments the court passes judgment. Appeals lie to the Sessions Court from Magistrate cases, and to the Bombay High Court from Sessions cases. Appeals have time limits, so a certified copy of the judgment should be applied for on the same day.

Documents to keep ready

  • Copy of the FIR or the complaint and acknowledgement from the police station
  • Any notice received from Mumbai Police, the EOW, the cyber police or the Railway Police
  • Arrest memo, remand orders and earlier bail orders
  • CCTV footage requests, photos, medical reports from a government hospital and other evidence
  • WhatsApp chats, emails, bank statements and transaction records relevant to the allegation
  • Identity and address proof of the accused and of possible sureties
  • Agreements, cheques and dishonour memos where the dispute began as a business deal
  • Any settlement deed or compromise papers if quashing is being considered

Mistakes to avoid

  • Going to the police station without legal advice after receiving a notice in a serious matter, and giving a written statement without knowing the allegations.
  • Assuming that a civil money dispute cannot become a criminal case; many Mumbai cheating FIRs begin as unpaid business dues.
  • Not asking early for preservation of CCTV footage from societies, shops or railway stations, which is often overwritten within weeks.
  • Missing court dates before the Magistrate, which can lead to a warrant being issued.
  • Settling privately with the complainant without recording the settlement before the court or the High Court, leaving the FIR alive.
  • Posting about the case on social media while the investigation is going on.

Mumbai: local points to know

Choosing and working with an advocate

Criminal practice in Mumbai is spread over many courts, so ask whether the advocate regularly appears before the Magistrate Court and Sessions Court that will hear your case, and before the Bombay High Court if bail or quashing may be needed there. Verify enrolment with the Bar Council of Maharashtra and Goa. Tell your advocate everything, including facts that look bad, because surprises at trial are harder to handle. Keep one family member as the point of contact, maintain a file with every order and notice, and note each next date shown on the e-Courts website so that no hearing is missed.

Agree on fees in writing, whether per stage such as bail, charge or trial, and take receipts. Anyone in custody is entitled to free legal aid, and others may qualify through the Mumbai City or Mumbai Suburban District Legal Services Authority or by calling 15100. Mara Vakil is free for clients: you describe your matter at no cost and enrolled advocates contact you.

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

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

For a cognizable offence the police must register an FIR. You can also file an e-FIR or approach another station for a zero FIR. If that does not work, send a written complaint to the Deputy Commissioner of Police, and then apply to the Metropolitan Magistrate under Section 175(3) BNSS to direct registration and investigation.

Which court will hear my case in Mumbai?

It depends on the police station and the offence. Most cases start before the Metropolitan Magistrate linked to the police station. Serious offences go to the Sessions Court at Fort or Dindoshi. Special laws such as NDPS, MCOCA and MPID have designated special courts.

I have received a police notice to appear. Will I be arrested?

For offences punishable up to seven years, the police usually issue a notice of appearance under Section 35 BNSS instead of arresting. If you comply and cooperate, arrest is generally not made unless the police record reasons. Take advice before going, and consider anticipatory bail if the allegations are serious.

Can an FIR be cancelled after a settlement?

Compoundable offences can be settled before the trial court. For non-compoundable offences that are essentially private disputes, such as many business or matrimonial cases, the Bombay High Court can quash the FIR under Section 528 BNSS after looking at the settlement. Serious offences against society are generally not quashed on settlement.

My case was registered before July 2024. Which law applies?

Cases registered before 1 July 2024 continue to be investigated and tried under the IPC and the Code of Criminal Procedure. Newer cases follow the BNS and BNSS. Your advocate will check the FIR date and apply the correct sections.

I lost money to an online fraud in Mumbai. What should I do first?

Call 1930 or use the national cyber crime portal immediately, as fast reporting can help freeze money in the receiving accounts. Then file a complaint with the cyber police station or your local police station, and keep screenshots, transaction IDs and bank statements.

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 Mumbai:

Criminal Lawyer in other cities:

Guide: Bail application process in India

This page gives general information about the law in Mumbai, Maharashtra. 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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