Criminal Lawyer in Pune

FIRs, criminal complaints, trials and quashing in Pune

People in Pune come to criminal advocates from both sides of a case. Some are victims of theft, assault, cheating in a land deal or misappropriation by a business associate, and the local police station has not registered their complaint. Others have been named in an FIR arising from a property quarrel, a family dispute, a workplace fallout or a road accident. Traders and small business owners regularly deal with cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881, which are criminal complaints even though the dispute is about money.

Since 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS) defines offences, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) sets out the procedure, and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs evidence. Familiar offences have new section numbers: cheating is now Section 318 BNS (old Section 420 IPC), criminal breach of trust Section 316 (old 406), criminal intimidation Section 351 (old 506) and cruelty by husband or relatives Section 85 (old 498A). Offences committed before 1 July 2024 are still tried under the old laws, so the date of the incident matters.

The BNSS strengthens several rights. Under Section 173, an FIR can be lodged at any police station regardless of where the offence happened, as a Zero FIR, and can be given electronically, to be signed within three days. For offences punishable with three to seven years, the police may hold a preliminary enquiry of up to fourteen days before registering an FIR. If the police refuse to act, the complainant can approach the Deputy Commissioner of Police and then the Magistrate under Section 175(3) BNSS (old Section 156(3) CrPC), or file a private complaint under Section 223 BNSS.

Where these matters are heard in Pune

Criminal cases in Pune are investigated by the Pune City Police or the Pimpri-Chinchwad Police, depending on the area, and the chargesheet is filed in the Judicial Magistrate First Class Courts in Pune. Offences punishable with up to seven years are generally tried by the Magistrate, while serious offences are committed to the District and Sessions Court, Pune at Shivajinagar for trial. Cheque bounce complaints are also filed before the Magistrate having jurisdiction, which for most cases is where the payee's bank account is maintained. Your advocate will confirm the correct court for your area.

Appeals from a Magistrate's conviction or acquittal lie to the Sessions Court in Pune, and appeals from the Sessions Court go to the Bombay High Court in Mumbai. Petitions to quash an FIR or criminal proceedings, under Section 528 BNSS (old Section 482 CrPC) or under Article 226 of the Constitution, are filed directly before the Bombay High Court, as Pune has no separate bench. Revision petitions against interim orders can be filed before the Sessions Court or the High Court.

How a criminal matter usually moves in Pune

1. Register the complaint or get the FIR
   A victim gives information at the police station, in writing or electronically, and is entitled to a free copy of the FIR. An accused should obtain a copy of the FIR, usually available on the Maharashtra Police citizen portal, to understand the allegations and sections.
2. Investigation
   The police record statements, collect documents and electronic evidence, and may visit the scene. For offences punishable with seven years or more, forensic investigation is now mandatory under the BNSS. An accused may receive a notice to appear under Section 35 BNSS instead of being arrested.
3. Arrest and bail, if any
   If an arrest is made, the accused must be produced before the Magistrate within twenty-four hours. Bail applications are filed before the Magistrate or Sessions Court. In some cases, anticipatory bail is sought before any arrest.
4. Chargesheet or closure report
   After investigation, the police file a police report under Section 193 BNSS (old Section 173 CrPC), either as a chargesheet or a closure report. The complainant must be informed and can object to a closure report before the Magistrate by filing a protest petition.
5. Framing of charges and trial
   The court considers whether there is enough material to frame charges or discharge the accused. If charges are framed, prosecution witnesses are examined and cross-examined, the accused's statement is recorded, and defence evidence can be led. Electronic records are proved under the BSA.
6. Judgment, appeal or quashing
   The court acquits or convicts and passes sentence. Either side can appeal. In suitable cases, especially where a dispute has been settled or the FIR discloses no offence, a quashing petition can be filed before the Bombay High Court at any stage.

Pune: local points to know

• Pune is divided between the Pune City Police Commissionerate and the Pimpri-Chinchwad Police Commissionerate, so the area of the incident decides which police and which court will handle the case.
• Trials in Pune are held at the Judicial Magistrate First Class Courts and the District and Sessions Court at Shivajinagar, while quashing petitions and criminal appeals from Sessions go to the Bombay High Court in Mumbai.
• Police statements and records in Pune are often written in Marathi, and an accused or victim who does not read Marathi should ask their advocate for a translated explanation before signing anything.
• Many Pune criminal cases arise from land and redevelopment disputes, where courts examine closely whether a civil matter has been converted into a criminal complaint.
• Free legal aid for those who cannot afford an advocate is available through the District Legal Services Authority, Pune, and the national legal aid helpline 15100 can guide you.

Choosing and working with an advocate

Choose an advocate who practises regularly in the criminal courts at Shivajinagar and, where needed, has experience with quashing and appeals before the Bombay High Court. Ask about their familiarity with the new BNS, BNSS and BSA provisions, since many cases now straddle the old and new laws. Verify the advocate's enrolment number and the State Bar Council where they are enrolled. Tell your advocate the full story, including facts that seem unfavourable, so the defence or prosecution strategy is realistic.

Before work begins, agree the fee and the stages it covers in writing, such as bail, trial, appeal or quashing. Criminal cases can last a long time, and clarity about scope avoids disputes later. Fees depend on the advocate and the matter, and you should take a receipt for every payment. Mara Vakil is a platform to find and contact enrolled advocates for a free first consultation; it gives no legal advice and charges clients nothing to find or consult advocates.

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Questions people ask about criminal matters in Pune

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This page gives general information about the law in Pune, 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.