This page outlines the main stages of a criminal case in Delhi and the remedies the law provides at each stage.
Bail
- Bail in bailable offences as of right, and in non-bailable offences at the discretion of the court (Sections 478 and 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023, formerly Sections 436 and 437 of the Code of Criminal Procedure)
- Anticipatory bail where arrest is apprehended (Section 482 BNSS, formerly Section 438 CrPC)
- Bail before the Court of Session and the High Court, including modification or cancellation of bail (Section 483 BNSS, formerly Section 439 CrPC)
- Default bail where the investigation is not completed within 60 days, or 90 days where the offence is punishable with death, imprisonment for life or imprisonment for ten years or more, and the accused is prepared to furnish bail; the right must be invoked before a charge sheet under Section 193 BNSS is filed within the statutory period (Section 187 BNSS, formerly Section 167(2) CrPC)
Investigation and trial
After an FIR is registered the police investigate and file a report. A Magistrate takes cognizance under Section 210 BNSS on a police report, a complaint or other permitted information. Where the offence is exclusively triable by the Court of Session, the Magistrate commits the case to it under Section 232 BNSS and the Court of Session conducts the trial; Special Courts under particular statutes may take cognizance directly. The competent court then frames charges or discharges the accused, and the trial follows with prosecution evidence, the examination of the accused under Section 351 BNSS and defence evidence. Offences are now defined in the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code for offences committed on or after 1 July 2024.
Appeals and revisions
A conviction, acquittal or other appealable order may be challenged in appeal before the appropriate court. The Court of Session or the High Court may also exercise revisional jurisdiction under Section 438 BNSS, which is discretionary and supervisory; revision ordinarily does not lie against interlocutory orders. A victim has a statutory right of appeal under the proviso to Section 413 BNSS against acquittal, conviction for a lesser offence or inadequate compensation. A complainant who is not the victim ordinarily requires special leave of the High Court to appeal against acquittal in a complaint case (Section 419 BNSS).
Malicious prosecution
Where criminal proceedings are initiated maliciously and without reasonable and probable cause, and end in favour of the accused, a civil claim for damages may lie. Separately, a criminal complaint may be made in appropriate cases under Section 248 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 211 IPC) for instituting criminal proceedings or making a false charge with intent to injure and without lawful ground.
Related practice areas
- Economic Offences and White-Collar Crime
- Delhi High Court and Supreme Court
- Startup and Employment Disputes
- Property and Land Disputes
- Civil and Commercial Matters
- Matrimonial and Family Law
Last reviewed: October 2026