The criminal procedure in Chandigarh follows the broader criminal justice framework established under Indian law, particularly governed by the Bharatiya Nagarrik Suraksha Sanhita 2023 (BNSS) previously known as Code of Criminal Procedure, 1973 (CrPC). However, given that Chandigarh is a Union Territory and also serves as the capital for two states—Punjab and Haryana—it holds a unique position in the Indian judicial structure. This article explores the step-by-step criminal procedure, applicable laws, relevant sections, and roles played by criminal lawyers in Chandigarh and Punjab and Haryana High Court advocates in navigating the criminal justice system.

Whether you are someone facing legal proceedings or a student trying to understand how criminal trials work in Chandigarh, this comprehensive guide will answer all your questions.

 

Understanding the Criminal Justice System in Chandigarh

The criminal justice system in Chandigarh operates under a structured set of procedures codified in:

Importance of Jurisdiction in Chandigarh

Criminal trials in Chandigarh are conducted under the District and Sessions Courts, with appeals and certain writ petitions taken up by the Punjab and Haryana High Court. This makes it vital to engage experienced Punjab and Haryana High Court advocates or criminal advocates in Chandigarh who understand the multi-jurisdictional nuances.

 

Bharatiya Nagarrik Suraksha Sanhita 2023 (BNSS) previously known as Code of Criminal Procedure, 1973 (CrPC)

The Bharatiya Nagarrik Suraksha Sanhita 2023 (BNSS) previously known as Code of Criminal Procedure, 1973 (CrPC) is the backbone of India’s criminal justice system. It provides the framework for the investigation, arrest, bail, trial, appeal, and sentencing of offenders across the country, including Chandigarh. Understanding the various stages under the BNSS is crucial for both clients and students who wish to understand how criminal law functions in practice.

Arrest and FIR (First Information Report)

The criminal justice process typically begins with an FIR (First Information Report) and arrest. These early steps are crucial and often determine the course of a criminal matter.

  • Section 35 BNSS: Empowers the police to arrest a person without a warrant if the offence is cognizable and the officer has reasonable suspicion or credible information.
  • Section 173 BNSS: Outlines the process of lodging an FIR when a cognizable offence is reported. The police are duty-bound to record the complaint in writing.
  • Section 58 BNSS: Once a person is arrested, he or she must be produced before a Magistrate within 24 hours of arrest, excluding travel time. Failure to do so may lead to legal action against the arresting officer.

In Chandigarh, FIRs can be registered at any police station having jurisdiction over the location where the offence occurred. Given the high stakes involved in the arrest and FIR phase, individuals often seek assistance from criminal lawyers in Chandigarh to ensure that their rights are protected and that the FIR is handled correctly.

Experienced Chandigarh top advocates are often engaged right at this stage, especially in cases involving serious charges such as murder, rape, or financial fraud. Filing for anticipatory bail or challenging the FIR in the Punjab and Haryana High Court are legal remedies that require specialized knowledge.

Victims and accused persons alike benefit from early consultation with criminal advocates in Chandigarh, as an improperly registered FIR or unlawful arrest can significantly impact the outcome of the case.

Bail and Remand Proceedings

Bail is a fundamental aspect of criminal jurisprudence, ensuring that no individual is unnecessarily detained before conviction. In Chandigarh, bail hearings are conducted by Judicial Magistrates or Sessions Judges, depending on the gravity of the offence.

  • Section 480 BNSS: Applies to bail in non-bailable offences. A Magistrate may grant bail depending on the nature of the offence and the antecedents of the accused.
  • Section 482 BNSS: Deals with anticipatory bail, which allows a person to seek protection from arrest in anticipation of a false or politically motivated FIR.
  • Section 187 BNSS: If the police need more time to investigate, the arrested person can be remanded to police or judicial custody, but only with the permission of a Magistrate. Police custody cannot exceed 15 days, while judicial custody can go up to 90 or 60 days depending on the nature of the offence.

In complex or sensitive cases, especially those involving economic offences, NDPS, violations, or serious BNS charges, engaging the best criminal advocates in Chandigarh becomes critical. These lawyers meticulously prepare bail applications that address all legal parameters—prima facie case, flight risk, tampering of evidence, and cooperation with investigation.

Clients seeking bail from the Punjab and Haryana High Court often require specialized legal representation by Punjab and Haryana High Court advocates, as High Court proceedings involve in-depth legal arguments, citation of precedents, and interpretation of constitutional rights under Article 21 (Right to Life and Personal Liberty).

Additionally, Chandigarh criminal lawyers are frequently consulted for urgent bail hearings, including weekends and holidays, where arrest is imminent, or a client has already been detained.

Framing of Charges

Once the investigation is complete and a charge sheet is filed by the police under Section 193 of the BNSS, the Magistrate or Sessions Judge examines the case records to determine whether there is sufficient ground to proceed against the accused.

  • Section 251 BNSS: If the judge finds prima facie evidence, charges are framed and formally read out to the accused. The accused is then asked to plead guilty or claim trial.
  • Section 262 BNSS: Allows for discharge of the accused if the court finds insufficient grounds to proceed.

In Chandigarh, this stage is critically important as it defines the scope of the trial. A well-drafted application for discharge or quashing of charges can significantly alter the course of the case. This is why many individuals engage best criminal advocates in Chandigarh at this stage, especially in white-collar crimes or cases under special enactments like the NDPS Act or Prevention of Corruption Act.

For complex matters, Punjab and Haryana High Court advocates may be approached to file a quashing petition under Section 528 BNSS, especially when the FIR or charges are considered legally untenable or based on mala fide intent.

Commencement of Trial and Evidence

Once charges are framed, the criminal trial formally begins. The nature of the trial—Sessions Trial, Warrant Trial, or Summons Trial—depends on the severity of the alleged offence:

  • Sessions Trials (Sections 248–260 BNSS): Conducted by a Sessions Court for serious offences like murder, rape, or dacoity.
  • Warrant Trials (Sections 261–273 BNSS): Applied to serious but non-capital offences.
  • Summons Trials (Sections 274–282 BNSS): Used for less serious offences, such as defamation or public nuisance.

Each trial involves the following phases:

Prosecution Evidence

 Defence Evidence

  • Once prosecution evidence concludes, the defence is given the opportunity to produce its own evidence under Section 266 BNSS.
  • However, the burden of proof lies primarily on the prosecution, as per the cardinal principle of “innocent until proven guilty.”

Examination of the Accused

  • Under Section 351 BNSS, the accused is given a chance to personally explain the circumstances appearing in the evidence against them.

This stage is where Chandigarh top advocates make a significant impact—through cross-examinations, strategic objections, and procedural mastery. The best criminal advocates in Chandigarh use their expertise to identify contradictions in witness statements or procedural lapses, which can lead to acquittal or discharge.

Final Arguments and Judgment

After the completion of evidence:

  • Final arguments are presented by both prosecution and defence under Section 352 BNSS.
  • The judge delivers the judgment under Section 392 BNSS, either convicting or acquitting the accused.
  • In case of conviction, the court proceeds to the sentencing stage under Section 258 BNSS (for Sessions Trials) or Section 271 BNSS (for Warrant Trials).

At this point, if the accused is convicted, a criminal appeal may be filed before the Sessions Court or directly in the Punjab and Haryana High Court, depending on the court of original jurisdiction. Many clients at this stage opt for Punjab and Haryana High Court lawyers who specialize in criminal appellate advocacy, writ petitions, and constitutional remedies.

Post-Trial Remedies: Appeal, Revision, and Review

If the judgment is not in the client’s favor, the law provides avenues for redress:

  • Section 415 BNSS: Right to appeal against conviction.
  • Section 442 BNSS: Revision before the Sessions Court or High Court in case of jurisdictional errors.
  • Article 226 and Article 227 of the Constitution: Provide the right to file writ petitions for violation of fundamental rights.

Criminal advocates in Chandigarh often work closely with Punjab and Haryana High Court advocates to draft appeals and revisions, especially in cases involving long sentences, procedural irregularities, or new evidence.

For serious offences, interim relief such as suspension of sentence under Section 430 BNSS can be sought during the pendency of appeal.

 

Classification of Criminal Offences

Offences under the Bhartiya Nyaya Sanhita, 2023 (BNS) previously known as Indian Penal Code, 1860 (IPC) are divided into:

 

Type of Classification Category Description Examples
Cognizability Cognizable Offences Serious offences where police can register FIR and arrest without Magistrate’s permission. Murder, Rape, Kidnapping
Non-Cognizable Offences Less serious offences where police require prior sanction from the Magistrate to investigate or arrest. Defamation, Public Nuisance
Bailability Bailable Offences Bail is a matter of right; police or court must release the accused on bail. Simple hurt, Causing public mischief
Non-Bailable Offences Bail is at the discretion of the court; often involves serious punishment. Dowry death, Attempt to murder
Compoundability Compoundable Offences Can be settled between parties with or without court’s permission. Governed by Section 359 of BNSS. Simple hurt, Criminal trespass
Non-Compoundable Offences Cannot be compromised; trial must proceed even if parties wish to settle. Murder, Rape, Robbery

 

Role of Punjab and Haryana High Court in Criminal Cases

Located in Chandigarh, the Punjab and Haryana High Court plays a critical role in:

  • Appeals and Revisions (Section 415–442 BNSS)
  • Writ Petitions under Articles 226 and 227 of the Constitution
  • Quashing of FIR under Section 528 BNSS

Engaging experienced Punjab and Haryana High Court lawyers is advisable for complex matters, including bail applications, appeals, and constitutional challenges.

Special Criminal Laws Applicable in Chandigarh

In addition to the Bhartiya Nyaya Sanhita, 2023 (BNS) previously known as Indian Penal Code, 1860 (IPC) and the Bharatiya Nagarrik Suraksha Sanhita 2023 (BNSS) previously known as Code of Criminal Procedure, 1973 (CrPC), Chandigarh courts frequently deal with cases under special criminal laws that address specific types of crimes. These statutes carry distinct procedures, stricter punishments, and in many cases, non-bailable and non-compoundable offences, making expert legal representation crucial.

Below is a detailed overview of the most commonly invoked special criminal statutes in Chandigarh.

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)

Chandigarh, due to its geographical location near Punjab and Haryana, witnesses several cases under the NDPS Act related to drug possession, trafficking, and illegal substance distribution.

  • Section 8(c): Prohibits production, manufacture, possession, sale, transport, and use of narcotic drugs and psychotropic substances.
  • Section 20 & 21: Punishment for possession of cannabis, heroin, and other prohibited substances.
  • Section 37: Imposes strict conditions for bail. Bail is only granted if:
    1. The court is satisfied that the accused is not guilty.
    2. The accused is not likely to commit an offence while on bail.

Because of the non-bailable nature of most NDPS offences, clients often turn to the best criminal advocates in Chandigarh for anticipatory bail or regular bail applications. Lawyers handling such cases must have a deep understanding of evidence procedures, chain of custody, and forensic compliance.

Appeals and bail rejections under the NDPS Act are frequently escalated to the Punjab and Haryana High Court, making the involvement of skilled Punjab and Haryana High Court advocates essential.

Protection of Children from Sexual Offences Act (POCSO), 2012

The POCSO Act aims to protect children from sexual offences and abuse. These cases are tried in Special POCSO Courts in Chandigarh, with strict procedural safeguards.

  • Section 19: Mandatory reporting of child sexual abuse. Non-reporting is a punishable offence.
  • Section 33: Child-friendly procedures during evidence recording.
  • Section 35: Cases to be completed within one year from the date of cognizance.

Due to the sensitivity of these cases, both the accused and the victim’s family require experienced criminal lawyers in Chandigarh who can ensure that legal rights are protected while also complying with court-mandated protocols.

False implication cases under POCSO are not uncommon. Therefore, anticipatory bail petitions and quashing of FIRs under Section 528 BNSS are commonly filed before the Punjab and Haryana High Court.

Prevention of Corruption Act, 1988

This law is designed to combat corruption in public offices. In Chandigarh, corruption cases are handled by Special CBI Courts or designated Sessions Courts, depending on the investigation agency involved.

  • Section 7: Prohibits public servants from accepting gratification other than legal remuneration.
  • Section 13(1)(d): Defines “criminal misconduct” by public servants.
  • Amendment Act, 2018: Made prior sanction mandatory before prosecuting a public servant.

The investigative complexity of corruption cases often involves surveillance, sanction orders, trap proceedings, and electronic evidence. Accused individuals, including government employees or contractors, rely on Chandigarh top advocates for pre-trial defense strategies, bail, and quashing of charge sheets.

The Punjab and Haryana High Court regularly hears revisions, bail applications, and writ petitions arising out of these cases.

Information Technology Act, 2000 (Cyber Crime)

With Chandigarh emerging as a digital hub, cyber crime cases are increasingly being filed under this Act.

  • Section 66: Computer-related offences, including hacking and data theft.
  • Section 66C & 66D: Identity theft and cheating by impersonation.
  • Section 67: Publishing obscene material electronically.

Cybercrime complaints are investigated by the Cyber Crime Cell in Chandigarh, and charges are framed based on digital evidence like IP logs, chat records, and financial transactions. Both victims and accused individuals often consult criminal advocates in Chandigarh for digital evidence preservation, FIR filing, and anticipatory bail.

Domestic Violence and Dowry Cases

Although governed by civil provisions in the Protection of Women from Domestic Violence Act, 2005, many domestic violence cases also involve criminal charges under:

  • Section 85 of BNS Previously known as Section 498A of IPC: Cruelty by husband or his relatives.
  • Section 316(2) of BNS previously known as Section 406 IPC: Criminal breach of trust in dowry-related matters.

These cases are often emotionally and legally complex. Criminal lawyers in Chandigarh frequently handle such cases in Family Courts and Criminal Courts, sometimes parallelly. When false dowry allegations are involved, the best criminal advocates in Chandigarh are consulted to file quashing petitions, secure bail, or defend the accused during trial.

Understanding the criminal procedure in Chandigarh involves more than just knowing the law. It’s about navigating a complex system that includes multiple legal stages, special statutes, and procedural nuances unique to the region. Whether you are a law student aiming to understand the BNSS in action, or a client seeking to protect your rights, this guide gives you a foundational understanding of:

This comprehensive legal ecosystem demands not only awareness but also access to skilled legal professionals who understand Chandigarh’s unique judicial structure.

FAQs on Criminal Procedure in Chandigarh

1. How do I file an FIR in Chandigarh?

To file an FIR in Chandigarh, visit the nearest police station within the jurisdiction of the crime scene. The police must register the FIR if the offence is cognizable under Section 173 of BNSS. For legal guidance, it is advisable to consult criminal lawyers in Chandigarh to ensure that your statement is properly recorded and action is taken accordingly.

2. Can I apply for anticipatory bail if I fear arrest in Chandigarh?

Yes, you can file an anticipatory bail application under Section 482 of BNSS if you fear arrest in a non-bailable offence. These applications are generally filed before the District and Sessions Court or the Punjab and Haryana High Court. Many people hire best criminal advocates in Chandigarh to prepare and present anticipatory bail pleas effectively.

3. Are NDPS cases bailable in Chandigarh?

NDPS (Narcotic Drugs and Psychotropic Substances) cases are generally non-bailable, especially if the quantity involved is commercial. Bail under Section 37 of the NDPS Act is stringent and requires legal representation by Chandigarh top advocates with experience in handling drug-related cases in High Courts.

4. Who handles appeals in criminal cases in Chandigarh?

Appeals against convictions or acquittals are filed before the Sessions Court or the Punjab and Haryana High Court, depending on the trial court. It’s common to hire experienced Punjab and Haryana High Court advocates for filing appeals, revisions, or writ petitions under Article 226 and 227 of the Constitution.

5. Can FIRs be quashed by the High Court in Chandigarh?

Yes, under Section 528 BNSS, the Punjab and Haryana High Court can quash FIRs if they are found to be malicious, baseless, or if the parties have settled the matter (in compoundable offences). This is a critical legal remedy and usually requires a strong petition drafted by criminal advocates in Chandigarh.