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Practice Area

Criminal Law

Defence at investigation, trial and appellate stages under the BNS, IPC and special statutes

Criminal defence is the largest part of the chamber's work. Advocate Manish Jha has defended accused persons — and represented complainants and victims — for over 15 years before the Delhi District Courts, the High Court of Delhi and the Supreme Court of India.

The Legal Framework After 1 July 2024

India's three new criminal codes — the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaces the Indian Penal Code, 1860; the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure, 1973; and the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaces the Indian Evidence Act, 1872 — apply to offences committed on or after 1 July 2024. Offences committed earlier continue to be tried under the old codes, so both regimes remain relevant in practice.

OffenceIPC (old)BNS (new)
MurderSection 302Section 103
Attempt to murderSection 307Section 109
RapeSections 375/376Sections 63/64
Cruelty to a married womanSection 498ASection 85
CheatingSection 420Section 318
Assault / criminal forceSections 351–352Sections 130–131

Scope of the Criminal Practice

  • Investigation stage — advice on summons under Section 35 BNSS (earlier Section 41A CrPC), anticipatory bail, and protection against arrest.
  • Bail — regular, anticipatory, interim and default bail before Sessions Courts and the High Court. See bail matters.
  • Trial — framing of charge, cross-examination, defence evidence and final arguments in Sessions and Magistrate trials.
  • Appeals and revisions — criminal appeals, revisions and petitions under Section 528 BNSS (earlier Section 482 CrPC) before the High Court of Delhi.
  • Special statutes — POCSO Act, 2012; Negotiable Instruments Act, 1881; Information Technology Act, 2000; Prevention of Corruption Act, 1988.

Both Sides of the Docket

The chamber acts for accused persons as well as for complainants and victims — including in matters of financial fraud, sexual harassment and domestic violence — and files and defends quashing petitions arising out of criminal proceedings.

Frequently Asked Questions

Does the IPC still apply to my case?

If the offence is alleged to have been committed before 1 July 2024, the IPC and CrPC continue to govern it. Offences alleged to have been committed on or after that date are dealt with under the BNS and BNSS.

At what stage should a lawyer be engaged in a criminal matter?

As early as possible — ideally when a complaint or FIR is first learnt of, or when a notice under Section 35 BNSS (earlier 41A CrPC) is received, since advice at the investigation stage often shapes the entire case.

Does the chamber appear for complainants as well as accused persons?

Yes. The chamber represents accused persons, complainants and victims, subject to a conflict check.