Filing a Criminal Case in Chandigarh is a crucial legal process that requires an understanding of the Bharatiya Nyaya Sanhita 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), and other relevant laws. Whether you are a victim of a crime or seeking justice in a criminal matter, it is essential to know the legal procedures, required documents, and court hierarchy involved. If you need to file a criminal case in Chandigarh, understanding the legal framework is crucial.

In this guide, we will provide a step-by-step process on how to file a criminal case in Chandigarh, including the jurisdiction of the High Court of Punjab and Haryana, FIR filing process, and legal provisions under BNS and BNSS. This article will be useful for both law students and clients seeking legal guidance.

Understanding Criminal Law in Chandigarh

Criminal law in Chandigarh is governed by three primary legal frameworks:

  1. Bharatiya Nyaya Sanhita 2023 (BNS): Defines various crimes and their punishments.
  2. Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS): Lays down the procedure for filing, investigating, and prosecuting criminal cases.
  3. Bharatiya Sakshya Adhiniyam 2023: Regulates how evidence is presented in a criminal trial.

In criminal matters, trial courts, the Sessions Court, and the High Court of Punjab and Haryana play a significant role in hearing and deciding cases.

Where to File a Criminal Case in Chandigarh?

The jurisdiction of a criminal case depends on the nature and severity of the offense. Below are the key authorities where a criminal case can be filed:

1. Police Station (Filing an FIR)

  • For cognizable offenses (e.g., murder, rape, robbery), an FIR (First Information Report) is filed under Section 173 BNSS at the police station.
  • For non-cognizable offenses (e.g., defamation, public nuisance), the police cannot register an FIR without prior approval from a magistrate (Section 194 BNSS).

2. Magistrate’s Court (Filing a Complaint Under Section 223 BNSS)

  • If the police refuse to register an FIR, the victim can file a criminal complaint before a Magistrate under Section 223 BNSS.
  • The Magistrate can direct the police to investigate under Section 175(3) BNSS.

3. Sessions Court (For Serious Offenses)

  • Cases involving serious crimes (e.g., murder under Section 103(1) BNS are heard by the Sessions Court.

4. Punjab and Haryana High Court (Appeals & Writs)

  • If a party is dissatisfied with a Sessions Court order, they can file an appeal before the High Court of Punjab and Haryana.
  • Writ petitions (e.g., habeas corpus, mandamus) can also be filed in criminal cases involving fundamental rights violations.

Step-by-Step Guide to Filing a Criminal Case in Chandigarh

Step 1: Reporting the Crime to the Police

  • Visit the nearest police station in Chandigarh and provide a written complaint detailing the incident.
  • The police will determine whether the case is cognizable or non-cognizable.
  • If the case is cognizable, an FIR is registered under Section 173 BNSS.
  • If the police refuse to register an FIR, the complainant can approach the Superintendent of Police under Section 173(3) BNSS.

Step 2: Filing a Criminal Complaint Before a Magistrate

  • If the police do not take action, the complainant can file a case before a Judicial Magistrate under Section 223 BNSS.
  • The Magistrate may examine the complainant and issue summons under Section 227 BNSS.
  • In serious cases, the Magistrate can direct an investigation under Section 175(3) BNSS.

Step 3: Police Investigation & Charge Sheet Filing

  • After an FIR is registered, the police investigate the case under Section 193 BNSS.
  • If sufficient evidence is found, the police file a charge sheet before the Magistrate.

Step 4: Court Proceedings & Trial

  • The accused is summoned under Section 227 BNSS and required to appear before the court.
  • The trial proceeds based on the type of case:
    • Warrant Trial (Serious Offenses): Includes charges under Section 109 BNS (attempt to murder), 64 BNS (rape), 103 BNS (murder).
    • Summons Trial (Less Serious Offenses): Covers cases like cheating (Section 318(4) BNS), defamation (Section 356(1) BNS).
  • Witnesses are examined under Section 180 BNSS and cross-examined under Section 143 Bharatiya Sakshya Adhiniyam 2023.

Step 5: Judgment & Appeal

  • If convicted, the accused can file an appeal before the Sessions Court under Section 415 BNSS.
  • If dissatisfied with the Sessions Court’s decision, an appeal can be filed in the High Court of Punjab and Haryana.

Legal Remedies If FIR Is Not Registered

If the police refuse to file an FIR, the complainant has the following legal options:

  1. Approach the Superintendent of Police under Section 173 BNSS.
  2. File a private complaint before a Magistrate under Section 223 BNSS.
  3. Seek direction from the High Court of Punjab and Haryana under Article 226 of the Indian Constitution.

Filing a criminal case in Chandigarh involves a structured process that includes registering an FIR, approaching the courts, and ensuring proper legal representation. Seeking legal assistance from highly experienced criminal lawyers in Chandigarh can help navigate the complexities of criminal law and ensure justice. If you are involved in a criminal case, it is advisable to understand your legal rights and act accordingly within the framework of Indian criminal law.

FAQs on filing a criminal case in Chandigarh: 

  1. How long does it take to file a criminal case in Chandigarh?
    The process varies depending on the nature of the offense. Filing an FIR in Chandigarh typically takes a few hours, but the court proceedings in the Punjab and Haryana High Court may take months or years, depending on the complexity of the case. To ensure a swift legal process, consulting the best criminal lawyers in Chandigarh can be beneficial.
  2. Can I file an FIR online in Chandigarh?
    Yes, Chandigarh Police provides an online FIR filing system for specific offenses. However, for serious criminal cases, it is advisable to visit the nearest police station and seek legal assistance from criminal lawyers in Chandigarh who specialize in FIR-related cases. Best advocates in Chandigarh High Court can also assist in case of police inaction.
  3. What should I do if the police refuse to register an FIR?
    If the police refuse to register an FIR, you have the legal right to:
  • Approach the Superintendent of Police (SP) under Section 173(3) BNSS.
  • File a complaint before a Magistrate under Section 223 BNSS.
  • Seek intervention from the Punjab and Haryana High Court if required.
    For expert legal representation, you can consult High Court lawyers in Chandigarh who handle criminal cases effectively.
  1. How can I get anticipatory bail in Chandigarh?
    To secure anticipatory bail under Section 482 BNSS, you need to file an application before the Sessions Court or the High Court of Punjab and Haryana. Hiring the best criminal lawyers in Chandigarh ensures that your bail application is presented effectively and increases the chances of a favorable outcome. High Court lawyers in Chandigarh specialize in bail matters, making them the best option for legal representation.
  2. Can the High Court of Punjab and Haryana quash an FIR?
    Yes, under Section 528 BNSS, the High Court of Punjab and Haryana has the authority to quash an FIR if the case is deemed frivolous, baseless, or lacking evidence. If you are facing false accusations, consulting the best advocates in Chandigarh High Court can help in getting the FIR quashed efficiently.