Chambers of Bhuvnesh Shukla
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Bail, Quashing, Trial and Appeal under the Bharatiya Nyaya Sanhita and the procedure code that took effect on 1 July 2024.
Criminal Law in India changed on 1 July 2024. The Bharatiya Nyaya Sanhita replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita replaced the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam replaced the Evidence Act. Offences committed before that date are still charged under the Indian Penal Code, while Proceedings begun after it follow the new procedure.
Our Chamber acts at each stage of a criminal case, from the first Notice of Appearance or FIR to the final Appeal: before Magistrates and Sessions Courts, the Delhi High Court and the Supreme Court.
The stage at which the most can be done.
Before the Trial Court, the High Court and the Supreme Court.
Petitions under Section 528 of the BNSS and Articles 226 and 227 of the Constitution.
Before Magistrates, Sessions Courts and Special Courts.
Before Sessions Courts, the High Court and the Supreme Court.
| Step | Time Limit | Source |
|---|---|---|
| Default Bail | Available where the Charge-Sheet is not filed within 60 days of first Remand, or 90 days for offences punishable with death, life imprisonment or ten years or more. | Section 187(3), BNSS |
| Appeal Against Conviction | 30 days to the Sessions Court; 60 days to the High Court. | Article 115, Limitation Act, 1963 |
| Criminal Revision | 90 days from the Order. | Article 131, Limitation Act, 1963 |
| Special Leave Petition to the Supreme Court | 90 days from the High Court’s Judgment. | Article 133, Limitation Act, 1963 |
Stated generally. Time limits turn on the facts and on the amendments in force; take advice on your own dates.
A Notice under Section 35(3) of the BNSS, earlier Section 41A of the CrPC, must be complied with. A person who appears and continues to comply is not to be arrested for that offence unless the officer records reasons why Arrest is necessary. Take advice before you appear, not after.
A direction under Section 482 of the BNSS that a person be released on Bail if arrested on an accusation of a non-bailable offence. It is sought from the Sessions Court or the High Court before Arrest, and may carry conditions such as joining the Investigation.
The High Court can quash an FIR or Criminal Proceedings under Section 528 of the BNSS or Article 226 where the allegations, taken at face value, disclose no offence, where the Proceedings are an abuse of process, or in suitable cases where the parties have settled. The power is used sparingly, and the Court does not weigh evidence at this stage.
For an offence committed before 1 July 2024, the Indian Penal Code continues to define the offence and its punishment. Trials, Appeals and Investigations that were pending on that date continue under the Code of Criminal Procedure; Proceedings that begin afterwards follow the BNSS.
If the Investigation is not completed and a Charge-Sheet filed within 60 days of the first Remand, or 90 days for offences punishable with death, life imprisonment or ten years or more, the Accused has a right to Bail on furnishing it. The right must be claimed before the Charge-Sheet is filed.
General information as of October 2026, not legal advice. Take advice on your own facts and dates.
To discuss a matter in this area, write to our Chamber with a brief outline.
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