1) Immediate intake & triage (first contact)

What to collect right away

• Full client statement: timeline, role in events, possible witnesses, alibi, whereabouts at relevant time.

• Documents: FIR copy or FIR number (if filed), arrest memos, remand orders, medical reports, charge sheet (if filed), any police notices/summons, identity and address proof, passport.

• Confirm whether the client is (a) not yet arrested but fears arrest (anticipatory bail required), (b) in custody (regular bail/production bail needed), or (c) released on bail (monitor compliance).
  Why this matters: determines remedy (CrPC §438 anticipatory bail vs §437/439 regular bail) and urgency.

2) Key statutes & frequently relied sections

Core procedural law

• Code of Criminal Procedure, 1973 (CrPC) — (examples of frequently used provisions and powers)

  • Section 154 — FIR / police diary entry of information.

  • Sections 41 / 41A — power of police to arrest / notice of appearance.

  • Section 50 — right to be informed of grounds of arrest & right to bail.

  • Section 57 — production before magistrate.

  • Section 167 — remands (police/judicial remand).

  • Section 173 — police report / charge-sheet filing.

  • Section 190 — magistrate taking cognizance on complaint / police report.

  • Sections 436–439 — provisions governing bail (regular & Sessions / High Court powers; §438 is anticipatory bail).

  • Section 482 (High Court) — inherent powers to quash proceedings (practical tactic).

  • Procedural powers: Sections 91–104 (summons / production of documents), Section 311 (power to summon witness).

Substantive criminal law (Indian Penal Code, 1860) — common offence sections

• Section 302 — murder

• Section 307 — attempt to murder

• Section 376 — rape (use POCSO where child is involved)

• Sections 323 / 324 — simple/grievous hurt and use of dangerous weapons

• Section 379 — theft

• Section 406 — criminal breach of trust

• Section 420 — cheating and dishonesty inducing delivery of property

• Section 498A — cruelty to a woman by husband/relatives

• Section 120B — criminal conspiracy

• Section 34 — common intention (general principle)

• Sections 467–471 — forgery & related offences (if forgery alleged)

Evidence & special documentary/electronic evidence law

• Indian Evidence Act, 1872 — key rules (dying declaration, expert evidence, documents). Important parts:

  • Section 32 — dying declarations and other exceptions to hearsay.

  • Section 45 — expert opinion admissibility.

  • Section 27 — disclosure of facts during police interrogation (confession leading to discovery).

• Section 65B (Evidence Act) — admissibility of electronic records (certificate requirements).

Special statutes commonly encountered

• Protection of Children from Sexual Offences (POCSO) Act — if victim is a child (special court, mandatory reporting).

• NDPS Act — drug offences (strict bail jurisprudence).

• Prevention of Money-Laundering Act (PMLA) — special provisions and attachment regime.

• Prevention of Corruption Act, Arms Act, Information Technology Act, Dowry Prohibition Act, POA/SC-ST Act — cite where facts fit.

3) First practical steps after intake

• If not yet arrested and client fears arrest → file anticipatory bail (CrPC §438) immediately (High Court / Sessions).

• If client already arrested → obtain production before magistrate and file regular bail before magistrate (or move Sessions/High Court if magistrate denies).

• If FIR not yet lodged and client wants complaint filed (victim’s side) — advise on evidence required and file complaint/FIR with police or private complaint in court where appropriate.

• Preserve evidence (photos, CCTV, call logs, originals of documents); take witness statements and medical records ASAP.

4) Handling arrest & remand hearings

• Ensure accused is produced before magistrate within 24 hours (CrPC). Challenge illegal custody or police delays.

• Oppose unnecessary police remand; argue alternatives to custody (questioning at police station by notice under §41A, witness interrogation without arrest).

• If remand sought, cross-examine police on necessity/utility of custody and argue for judicial remand or bail. Keep hearings short and evidence-focused.

5) Investigation stage — interact with police & protect client

• Get copies of statements recorded under Section 161 (police statements of witnesses) and the FIR (Section 154).

• Protect the accused from self-incrimination (advise not to speak without counsel).

• Where appropriate, apply for police station inspection of material and seek copies under CrPC/179/207 after charge-sheet.

• Use legal tools: protest illegal seizure (file return/appeal under property seizure rules), argue against fabricated evidence and move for protective orders.

6) Bail strategy (anticipatory & regular)

• For anticipatory bail (CrPC §438): factual affidavit + affidavit from surety if required; emphasise no flight risk, cooperation, weak prima facie case, humanitarian grounds (health, dependents). Offer conditions (surrender passport, periodic PS reporting).

• For regular bail (CrPC §§437/439): argue prima facie case weakness, no likelihood of tampering/absconding, custodial interrogation not required, health/family obligations, and propose conditions.

• For offenses under special statutes (NDPS/PMLA etc.) craft stricter, statute-specific arguments and rely on recent case law where possible.

7) After charge-sheet is filed — framing of charges & trial preparation

• When police file charge-sheet (CrPC §173), check whether magistrate takes cognizance or issues process; reply to prosecution evidence demands.

• For sessions offences, prepare for committal/committal to Sessions Court; if magistrate frames charges, scrutinise the charge sheet and move for disclosure of prosecution evidence under CrPC/Section 207 and later under Section 313 (examining accused).

• Prepare a tight defence: witness list, alibi proof, documents, expert reports (forensic, medical, handwriting, digital forensics) and plan cross-examination.

8) Evidence & trial tactics

• Lead strong, credible witnesses; impeach prosecution witnesses by exposing contradictions, omissions and motive.

• Use dying declaration (if any) carefully (Evidence Act §32) — preserve record & establish reliability.

• For electronic evidence rely on 65B certifications and chain of custody.

• Where forensic reports are adverse, get a rebuttal expert; challenge methodology and lab procedures.

9) Interim applications during trial

• File and oppose applications for discharge, for summoning additional witnesses, for production of documents, and for medical/legal witness examination.

• For victims, file interim compensation claims or victim-compensation applications under state schemes.

• Where prosecution delays trail or fails to appear, move for acquittal for want of prosecution (where warranted).

10) Sentencing, plea bargaining & post-conviction remedies

• If conviction is possible, prepare mitigation — present socio-economic facts, antecedents, health, remorse, and rehabilitation plans; argue for minimum sentence or fine in lieu of imprisonment.

• Use plea bargaining provisions (as available in CrPC) where pragmatic and permitted.

• If convicted, file appeal within prescribed time (CrPC/CPC timelines) and consider stay of sentence pending appeal (seek anticipatory bail / interim orders where necessary). Also explore review or revision if applicable.

11) Quashing & constitutional remedies

• For malicious/defective FIRs or complete absence of offence, file quash petition before High Court (inherent powers / S.482 CrPC) to stop vexatious criminal proceedings.

• For exceptional liberty violations, consider writ petitions (Article 226/32) as last resort after other remedies considered.

12) Special categories & procedural cautions

• POCSO cases: mandatory reporting, child-friendly procedures, special courts, and strict timelines.

• NDPS/PMLA: particular statutory tests, attachment regimes and stricter bail tests — adjust strategy accordingly.

• Corporate/white-collar crimes: subpoenas, production of records, forensic accounting, and dealing with regulatory agencies (SEBI/FEMA/ED).

• Juvenile cases: follow Juvenile Justice Act & special procedures (different detention rules).

13) Appeals, revisions & execution of sentences

• File appellate petitions to Sessions Court/High Court on points of fact/law; prepare robust grounds (misappreciation of evidence, infirmity in law).

• For sentences involving fine/compensation, supervise execution procedures and applications for suspension or remission.

• Apply for suspension of sentence or parole under statutory rules where appropriate.

14) Practical tips for Delhi practice

• Engage local counsel promptly for urgent hearings (magistrate benches differ by locality).

• Prepare a 1-page chronology + 1-page list of reliefs/conditions for the judge — judges value brevity.

• Use Delhi legal aid, victim-compensation funds and Protection Officers (for DV/POCSO-related matters) when representing vulnerable clients.

• Keep digital evidence properly certified (65B) — Delhi courts strictly enforce admissibility of electronic proof.

15) Ethical cautions & client counselling

• Never advise hiding or destroying evidence; do not encourage intimidation of witnesses. These are separate offences and destroy your client’s case.

• Be candid about likely outcomes, timeframes, and costs. Protect client confidentiality and privilege.

• Balance zealous advocacy with the duty of candour to court.

Quick checklist of documents to gather

• FIR & case number, arrest memos, custody/remand orders, charge-sheet (if any).

• Medical reports / MLCs, CCTV footages, call data records, electronic chats (preserve metadata and 65B certificate).

• Witness affidavits, identity/address proofs, employment records, passport, bank statements (where needed).

• Expert reports (forensics, handwriting, medical) if relevant.