When people look for a criminal lawyer in Raipur or Bilaspur, the questions are usually immediate. Can the police arrest me? Should I apply for anticipatory bail? Can this FIR be quashed? The answers depend on the offence alleged, the stage the case has reached and the law that applies to it.
Since 1 July 2024, criminal cases are governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the IPC, the CrPC and the Evidence Act. An offence committed before that date is still judged under the IPC, and proceedings pending on that date continue under the CrPC (BNSS Section 531).
When an FIR is registered or a police notice arrives
An FIR starts an investigation; it is not a finding of guilt. Under Section 35 of the BNSS (formerly Sections 41 and 41A CrPC), the police may arrest a person accused of an offence punishable with up to seven years only where the conditions in that section are met, and must record their reasons. Where arrest is not needed, they issue a notice of appearance. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court held that arrest in such cases must not be routine.
If you receive a notice, comply with it and attend on the date given. A person who complies is generally not arrested unless the officer records why arrest has become necessary. Keep these papers ready for a first meeting:
- A copy of the FIR, complaint or police notice, and the date you received it
- Any earlier complaints, replies or orders in the same dispute
- Messages, emails, agreements or bank records that answer the allegation
- Details of any previous criminal case involving you
- Your identity documents and current address
Anticipatory bail and regular bail
Anticipatory bail is a direction that, if you are arrested, you will be released on bail. It is sought under Section 482 of the BNSS (formerly Section 438 CrPC) from the Court of Session or the High Court, when you have reason to believe you may be arrested for a non-bailable offence. The court may impose conditions: that you make yourself available for interrogation, do not threaten or induce anyone who knows the facts, and do not leave India without permission. It is not available for offences under BNS Section 65 and Section 70(2).
In Sushila Aggarwal v. State (NCT of Delhi) (2020), the Supreme Court held that this protection need not end on a fixed date and can continue till the end of the trial unless the court limits it. Our Hindi guide on how to seek anticipatory bail explains the process.
- We study the FIR or complaint and the documents that answer it.
- The application is drafted with the facts, the grounds and your willingness to cooperate, and filed in the Sessions Court or the High Court.
- The court usually calls for the State's reply or the case diary, and may grant interim protection meanwhile.
- If bail is granted, you comply with its conditions and join the investigation when called.
- If the Sessions Court refuses, a fresh application can be made to the High Court.
If you have already been arrested, the route is regular bail. For a bailable offence, bail is a right under Section 478 (formerly 436). For non-bailable offences, a Magistrate may grant bail under Section 480 (formerly 437), and the Court of Session and the High Court have wider powers under Section 483 (formerly 439).
Quashing, trial and appeal
Where an FIR or complaint, read as it stands, discloses no offence, or the proceedings are an abuse of process, the High Court can quash them under its inherent power in Section 528 of the BNSS (formerly Section 482 CrPC). The grounds were set out in State of Haryana v. Bhajan Lal (1992). Quashing is also sought where the parties to an essentially private dispute have settled. These petitions, like criminal appeals, are part of our High Court practice.
Most offences are tried by a Judicial Magistrate; graver ones go to the Court of Session. At trial the defence cross-examines prosecution witnesses, may lead evidence and argues on the record. A conviction can be appealed, and orders passed during trial can be challenged in revision. Appeal periods are short, so apply for a certified copy of the judgment at once.
Matrimonial, financial, corruption and accident cases
Cruelty under Section 85 of the BNS (formerly Section 498A IPC) carries up to three years and fine. In Shivangi Bansal v. Sahib Bansal (July 2025), the Supreme Court endorsed guidelines under which no arrest or coercive action is taken for two months after the FIR or complaint while a district Family Welfare Committee looks at the matter; cases involving injuries or offences punishable with ten years or more fall outside this. See our Hindi article on rights and remedies in 498A cases.
Allegations of cheating, breach of trust and forgery often grow out of business or property dealings, where the first question is whether the dispute is really civil. Cases under the Prevention of Corruption Act, 1988, investigated in Chhattisgarh by the Anti Corruption Bureau and the Economic Offences Wing, are tried by Special Judges and turn on issues such as prior approval (Section 17A) and sanction (Section 19). A fatal road accident is usually registered under Section 106(1) of the BNS (formerly Section 304A IPC), punishable with up to five years and fine; Section 106(2), on hit-and-run, has not been brought into force.
Criminal courts in Raipur and Bilaspur
Magistrate courts, Sessions Courts and Special Courts sit at the district court complexes in Raipur and Bilaspur, and hear bail applications, trials and first appeals from their districts. The High Court of Chhattisgarh at Bodri, Bilaspur hears anticipatory and regular bail, quashing petitions, criminal appeals and revisions from across the State.
To discuss an FIR, a notice or a pending case, you can contact the firm at its Raipur or Bilaspur office.
What the practice handles
- Advice on FIRs, complaints and police notices under BNSS Section 35
- Anticipatory bail under BNSS Section 482
- Regular bail before Magistrates, Sessions Courts and the High Court
- Cancellation or modification of bail conditions
- Petitions to quash FIRs and complaints under BNSS Section 528
- Defence at trial before Magistrate and Sessions courts
- Criminal appeals and revisions
- Matrimonial cruelty and dowry cases under BNS Sections 80 and 85
- Cheating, breach of trust, forgery and other financial allegations
- Prevention of Corruption Act cases before Special Judges
- Road-accident prosecutions under BNS Section 106
- Private complaints and representation of complainants
Where these matters are heard
- Courts of Judicial Magistrates at Raipur, Bilaspur and other districts
- Sessions Courts and Special Courts at district headquarters
- High Court of Chhattisgarh, Bilaspur
- Supreme Court of India, on special leave
Questions about Criminal Defence & Bail
What is the new section for anticipatory bail?
Anticipatory bail is now governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 438 of the CrPC from 1 July 2024. You can apply to the Court of Session or the High Court if you have reason to believe you may be arrested for a non-bailable offence. The court may attach conditions, such as joining the investigation when called and not leaving India without its permission.
Do the police have to arrest me once an FIR is registered?
No. Registration of an FIR does not by itself require arrest. For offences punishable with up to seven years, Section 35 of the BNSS allows arrest only where the conditions in that section are met, and the officer must record reasons. In many such cases the police issue a notice of appearance instead. If you comply with the notice, arrest is generally not made unless the officer records why it has become necessary.
How long does anticipatory bail last?
In Sushila Aggarwal v. State (NCT of Delhi) (2020), the Supreme Court held that anticipatory bail need not be limited to a fixed period. It can continue until the end of the trial unless the court, on the facts of the case, limits it. The protection can be cancelled if its conditions are breached, so keep a copy of the order and comply with every condition.
What is Section 85 of the BNS?
Section 85 of the Bharatiya Nyaya Sanhita, 2023 replaced Section 498A of the IPC. It punishes cruelty to a woman by her husband or his relatives with imprisonment up to three years and fine. Section 86 defines cruelty as wilful conduct likely to drive the woman to suicide or to cause grave injury or danger to her life, limb or health, or harassment to coerce her or her relatives to meet unlawful demands for property.
Can an FIR be quashed after a settlement?
For compoundable offences, the parties can settle before the trial court. For other offences, the High Court may quash an FIR or complaint under Section 528 of the BNSS where the dispute is essentially private, such as a matrimonial or commercial disagreement, and the parties have genuinely settled. Serious offences against society, such as murder or rape, are not quashed merely because the parties have reached a compromise.
Which court hears bail applications in Raipur and Bilaspur?
Depending on the offence, regular bail is sought first from the Magistrate or the Sessions Court at the district court complex, and then from the High Court if refused. Anticipatory bail can be sought from the Sessions Court or the High Court. The High Court of Chhattisgarh sits at Bodri, Bilaspur, and hears bail matters from every district of the State, including Raipur.
Are offences committed before July 2024 still tried under the IPC?
Yes. An offence committed before 1 July 2024 is still judged under the IPC's definitions and punishments. Investigations, inquiries, trials, appeals and applications that were already pending on that date continue under the CrPC, as Section 531 of the BNSS provides. The case papers should be checked to see which provisions apply to your matter.
A question that is not answered here? Send it to the firm.
This page describes the law in general terms as of 24 September 2026. It is not legal advice. The outcome of any matter depends on its facts, and the firm does not guarantee results.
