Practice note

Criminal Defence, Bail and Quashing of Proceedings

With effect from 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act. Offences committed before that date remain governed by the earlier substantive law, and pending proceedings are regulated by the saving provision in Section 531 BNSS.

Statement of law as on 19 October 2026Lex Meridian · Advocates & Legal Consultants

In brief

For offences punishable with imprisonment of up to seven years, arrest is not automatic; the police must first consider a notice of appearance under Section 35 BNSS (formerly Section 41A CrPC).
Anticipatory bail is sought under Section 482 BNSS (formerly Section 438 CrPC) before the Court of Session or the High Court.
Regular bail is sought under Sections 480 and 483 BNSS (formerly Sections 437 and 439 CrPC); default bail is available under Section 187 BNSS if the charge-sheet is not filed in time.
Quashing of an FIR or criminal proceedings is sought from the High Court under Section 528 BNSS (formerly Section 482 CrPC) or Article 226 of the Constitution.

Governing law

Bharatiya Nagarik Suraksha Sanhita, 2023: Sections 35 (arrest and notice of appearance), 47 (grounds of arrest to be informed), 173 (information in cognizable cases, e-FIR and preliminary enquiry), 187 (default bail), 479 (maximum detention of undertrials), 480, 482 and 483 (bail), 528 (inherent powers of the High Court), 531 (repeal and savings).
Bharatiya Nyaya Sanhita, 2023: Substantive offences, including offences affecting the human body and property, and cheating (Section 318).
Bharatiya Sakshya Adhiniyam, 2023: Relevancy, admissibility and proof, including electronic records (Section 63).
Constitution of India: Articles 21 and 22 (personal liberty and safeguards on arrest); Article 226 (writ jurisdiction of the High Court).

How the matter is handled

Stage	Steps taken	Indicative time
1. Urgent assessment	Review of the FIR or complaint, the offences invoked, the maximum punishment and the risk of arrest.	Same day
2. Protection from arrest	Representation to the investigating officer on Section 35 BNSS; application for anticipatory bail under Section 482 BNSS where arrest is apprehended.	1 to 7 days
3. Bail after arrest	Application for regular bail under Section 480 or 483 BNSS, or for default bail under Section 187 BNSS.	Days to weeks
4. Quashing	Petition under Section 528 BNSS or Article 226 where the allegations, taken at face value, disclose no offence or the proceedings are an abuse of process.	Months
5. Trial and appeal	Discharge, framing of charge, cross-examination of prosecution witnesses, defence evidence, final arguments and, where necessary, appeal or revision.	Depends on the court

Leading judicial authorities

Arnesh Kumar v. State of Bihar
(2014) 8 SCC 273
Arrest for offences punishable with up to seven years is not to be made mechanically; the police and the Magistrate must record satisfaction on the necessity of arrest, and a notice of appearance is the norm.
Satender Kumar Antil v. Central Bureau of Investigation
(2022) 10 SCC 51
Laid down comprehensive guidelines on bail by categories of offences, reiterating that bail is the rule and jail the exception, and that non-compliance with the notice-of-appearance procedure entitles the accused to bail.
Sushila Aggarwal v. State (NCT of Delhi)
(2020) 5 SCC 1 (Constitution Bench)
Anticipatory bail need not ordinarily be limited in time and may continue until the conclusion of trial, subject to conditions imposed by the court.
State of Haryana v. Bhajan Lal
1992 Supp (1) SCC 335
Set out the categories of cases in which the High Court may quash an FIR or criminal proceedings to prevent abuse of the process of court or otherwise to secure the ends of justice.
Prabir Purkayastha v. State (NCT of Delhi)
Supreme Court, 15 May 2024
The grounds of arrest must be furnished to the arrested person in writing; failure to do so vitiates the arrest and the consequent remand.

Latest judgments & updates

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Recent judgments of the Supreme Court, the High Courts and tribunals, and court reports, concerning Criminal Defence & Bail. Updated automatically through the day.

Documents to keep ready

Copy of the FIR or complaint and any notice received
A written account of the dates, places and sequence of events
Identity documents and proof of residence
Documents, messages or recordings that support the defence

Frequently asked questions

Can anticipatory bail be sought before an FIR is registered?

Yes. Anticipatory bail may be sought where there is a reasonable apprehension of arrest for a non-bailable offence; the apprehension must rest on concrete facts and not on a vague fear.

Does a compromise between the parties end a criminal case?

Compoundable offences may be compounded under Section 359 BNSS. For non-compoundable offences of a predominantly civil or private character, the High Court may quash the proceedings on settlement, having regard to the nature and gravity of the offence.

This note states the law in general terms as on 19 October 2026. It is not legal advice and does not create an advocate–client relationship. Judgments are summarised for reference and should be read in full from the official reports; the facts of each matter may alter the position.