Criminal Lawyer in Jalpaiguri

Criminal matters handled

Satyajit Paul is enrolled with the Bar Council of West Bengal and practises at the Calcutta High Court, Circuit Bench at Jalpaiguri, and in the courts of the district. In criminal law he accepts briefs in the following matters, on either side of a case:

• Regular bail before the Magistrate, the Court of Session and the High Court (sections 480 and 483, Bharatiya Nagarik Suraksha Sanhita, 2023)
• Anticipatory bail where arrest is apprehended (section 482, Bharatiya Nagarik Suraksha Sanhita)
• Defence at trial before the Judicial Magistrate and the Court of Session
• Petitions to quash an FIR, charge sheet or criminal proceeding (section 528, Bharatiya Nagarik Suraksha Sanhita, formerly section 482 of the Criminal Procedure Code)
• Criminal appeals against conviction and against acquittal, and criminal revisions
• Complaints before the Magistrate when the police do not act (section 223, Bharatiya Nagarik Suraksha Sanhita), and applications for a direction to register an FIR (section 175(3))
• Representing victims and complainants, including opposing bail and pursuing appeals against acquittal
• Cheque bounce prosecutions under section 138 of the Negotiable Instruments Act, 1881, for the payee and for the drawer
• Matrimonial-related criminal cases: cruelty (section 85, Bharatiya Nyaya Sanhita, formerly 498A IPC) and dowry cases
• Cases under special laws such as the Narcotic Drugs and Psychotropic Substances Act, the Protection of Children from Sexual Offences Act, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Arms Act and the Bengal Excise Act
• Habeas corpus and other criminal writ petitions under Articles 226 and 227 of the Constitution

The three new criminal codes (in force since 1 July 2024)

Three laws replaced the older codes for offences committed on or after 1 July 2024. Cases about earlier offences continue under the old law, so both sets of provisions are still in daily use in Jalpaiguri courts.

New law	Replaces	What it covers
Bharatiya Nyaya Sanhita, 2023 (BNS)	Indian Penal Code, 1860	Definitions of offences and their punishments
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)	Code of Criminal Procedure, 1973	FIR, arrest, investigation, bail, trial, appeal and revision
Bharatiya Sakshya Adhiniyam, 2023 (BSA)	Indian Evidence Act, 1872	What may be proved and how, including electronic records

Some frequently used section numbers changed: cruelty to a wife is now section 85 BNS (formerly 498A IPC), cheating is section 318 (formerly 420), criminal breach of trust is section 316 (formerly 406), voluntarily causing hurt is section 115 (formerly 323), and criminal intimidation is section 351 (formerly 506). On the procedure side, anticipatory bail is section 482 BNSS (formerly 438), bail by the Court of Session or High Court is section 483 (formerly 439), and the High Court's inherent power to quash is section 528 (formerly 482).

FIR, investigation and charge sheet

A criminal case usually begins with a First Information Report under section 173 BNSS at the police station. Information about a cognizable offence may now be given electronically, and a "zero FIR" can be registered at any police station regardless of where the offence took place, to be transferred later. The complainant is entitled to a free copy of the FIR.

If the police refuse to register an FIR, the informant can send the substance of the information to the Superintendent of Police (section 173(4)), or apply to the Judicial Magistrate for a direction to the police to investigate (section 175(3)). The Magistrate may also take cognizance directly on a complaint under section 223, after examining the complainant on oath and, where needed, calling for a police enquiry.

During investigation the police record statements of witnesses (section 180), may have a witness or the victim examined by a Magistrate (section 183), collect documents and, for offences punishable with seven years or more, must arrange for a forensic team to visit the scene (section 176(3)). The investigation ends with a police report under section 193, commonly called the charge sheet, or a final report if no case is found. The complainant must be told of the result. On receiving the charge sheet the Magistrate takes cognizance and supplies the accused with copies of the FIR, statements and documents (section 230), which must be given within fourteen days.

Arrest and the rights of an arrested person

Not every FIR leads to arrest. For offences punishable with imprisonment of up to seven years, section 35(3) BNSS requires the police officer to issue a notice of appearance rather than arrest the person, unless there are recorded reasons why arrest is necessary, for example to prevent tampering with evidence or to secure attendance. The Supreme Court's directions in Arnesh Kumar v. State of Bihar (2014) on this point continue to apply. A person who is infirm or above sixty years of age cannot be arrested for an offence punishable with less than three years without the permission of an officer of at least the rank of Deputy Superintendent of Police (section 35(7)).

An arrested person has the right to:

• be told the grounds of arrest and, if the offence is bailable, the right to bail (section 47);
• have a friend, relative or nominated person informed of the arrest and the place of detention (section 48);
• be produced before a Magistrate within twenty-four hours, excluding travel time (section 58);
• be medically examined (section 53), and to consult an advocate of his choice, including during interrogation, under Article 22 of the Constitution and section 38;
• not be held in police custody beyond the periods the Magistrate authorises under section 187.

Where the investigation is not completed within ninety days (for offences punishable with death, life imprisonment or imprisonment of ten years or more) or sixty days (for other offences), the accused becomes entitled to default bail under section 187(3) if he applies and furnishes bail. Under section 479 an undertrial who has been detained for half of the maximum sentence for the offence (one-third for a first-time offender) must ordinarily be released on bond, except in cases punishable with death or life imprisonment.

Bail and anticipatory bail

Offences are either bailable, in which case bail is a right and is granted by the police or the Magistrate on furnishing a bond (section 478 BNSS), or non-bailable, where bail is a matter for the court's discretion. The First Schedule to the BNSS classifies every offence.

Regular bail in a non-bailable case is applied for before the Magistrate under section 480, or before the Court of Session or the High Court under section 483. The court considers the seriousness of the offence, the strength of the material, the risk of the accused absconding, influencing witnesses or repeating the offence, and his age, health and antecedents. Bail once granted can be cancelled under section 483(3) if the conditions are breached. In Satender Kumar Antil v. CBI (2022) the Supreme Court laid down guidelines that favour bail where the accused has cooperated with the investigation and the offence carries a sentence of seven years or less.

Anticipatory bail under section 482 may be sought from the Court of Session or the High Court by a person who has reason to believe he may be arrested for a non-bailable offence. The court may direct that, in the event of arrest, the person be released on bail, usually with conditions such as joining the investigation and not leaving the country. The Supreme Court held in Sushila Aggarwal v. State (NCT of Delhi) (2020) that such protection need not be limited in time and can continue until the end of the trial. Anticipatory bail is not available for certain offences, for instance most offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and bail under the Narcotic Drugs and Psychotropic Substances Act for commercial quantities is subject to the stricter test in section 37 of that Act.

For Jalpaiguri, Siliguri, Alipurduar, Cooch Behar, Darjeeling and Kalimpong, bail and anticipatory bail applications to the High Court are heard at the Circuit Bench at Jalpaiguri.

How a criminal trial proceeds

Which court tries the case depends on the offence. Less serious offences are tried by the Judicial Magistrate, and offences listed as triable by the Court of Session (murder, rape, dacoity and other grave offences) are committed by the Magistrate to the Sessions Judge under section 232. In outline, a trial goes through these stages:

1. Copies and committal. The accused receives the charge sheet and documents; sessions cases are committed to the Court of Session.
2. Charge or discharge. The court hears both sides and either frames a charge or discharges the accused if there is no sufficient ground to proceed (sections 250 and 251 for sessions trials; sections 262 and 263 for warrant cases before a Magistrate). The accused may plead guilty or claim trial.
3. Prosecution evidence. Witnesses are examined by the prosecution and cross-examined by the defence. Documents, electronic records and forensic reports are proved under the Bharatiya Sakshya Adhiniyam.
4. Statement of the accused under section 351 (formerly 313), where the court puts the incriminating circumstances to the accused and he may explain them.
5. Defence evidence, if any, followed by arguments.
6. Judgment of acquittal or conviction, and, on conviction, a separate hearing on the sentence. The BNSS now requires the judgment to be delivered within thirty days of the close of arguments, extendable to forty-five days for recorded reasons (section 258).

Compoundable offences, listed in section 359 BNSS, can be settled between the parties with or without the court's permission, which ends the case. Plea bargaining is available for offences punishable with up to seven years, other than offences against women or children under fourteen (chapter XXIII). Where a proclaimed offender absconds, the BNSS now allows a trial in his absence (section 356).

Appeals, revisions and quashing at the High Court

A conviction by a Judicial Magistrate is appealed to the Court of Session (section 415(3) BNSS), and a conviction by the Court of Session to the High Court (section 415(2)). An appeal against acquittal lies to the High Court with leave (section 419), and the proviso to section 413 gives the victim an independent right of appeal against acquittal, conviction for a lesser offence or inadequate compensation. Appeals must ordinarily be filed within the periods in the Limitation Act, 1963 (sixty days to the High Court, thirty days to the Court of Session), though delay can be condoned for sufficient cause.

Where no appeal lies, or the grievance is about the legality or propriety of an order, a criminal revision can be filed before the Sessions Judge or the High Court (sections 438 and 442). Typical subjects are orders framing charge, refusing discharge, or passed in maintenance proceedings.

The High Court's inherent power under section 528 BNSS is used to quash an FIR, a charge sheet or a pending proceeding where the allegations, even if taken as true, do not disclose an offence, where the proceeding is an abuse of the process of court, or where the parties have genuinely settled a private dispute. The principles in State of Haryana v. Bhajan Lal (1992) and Gian Singh v. State of Punjab (2012) continue to guide these petitions. The High Court also entertains habeas corpus petitions for illegal detention and writ petitions under Articles 226 and 227 against orders of the criminal courts and the police.

For the districts of Darjeeling, Kalimpong, Jalpaiguri, Alipurduar and Cooch Behar, all of these are heard at the Calcutta High Court, Circuit Bench at Jalpaiguri.

For complainants and victims

The BNSS gives the victim a defined role. The victim must be informed of the progress of the investigation within ninety days (section 193(3)), receives a copy of the FIR and the police report free of charge, may engage an advocate to assist the prosecution (section 338), must be heard before the withdrawal of a prosecution (section 360), and can appeal against an acquittal without seeking leave. Compensation can be sought under the West Bengal Victim Compensation Scheme through section 396, and a court passing sentence may order the convict to pay compensation under section 395.

Where the police decline to act on a complaint, the routes described above, the Superintendent of Police, the Magistrate under section 175(3), or a direct complaint under section 223, remain open. In cheque bounce matters under section 138 of the Negotiable Instruments Act, the complaint is filed by the payee before the Magistrate within one month of the cause of action arising, after a written demand notice within thirty days of the cheque's return.

Criminal courts in Jalpaiguri and the High Court

Cases arising in Jalpaiguri district go before the Chief Judicial Magistrate and the Judicial Magistrates at Jalpaiguri (and at the sub-divisional court at Malbazar for that sub-division), and, for sessions offences, before the Sessions Judge and Additional Sessions Judges at Jalpaiguri. Cases from Siliguri go to the courts at Siliguri, which fall under the Darjeeling sessions division. Special courts are designated for cases under the Protection of Children from Sexual Offences Act, the Narcotic Drugs and Psychotropic Substances Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The Calcutta High Court, Circuit Bench at Jalpaiguri hears, for the five North Bengal districts, bail and anticipatory bail applications under section 483 and 482, criminal appeals and revisions, petitions to quash under section 528, habeas corpus and other writ petitions, and transfer petitions. Bail applications to the High Court are in practice one of the largest categories of work at the Circuit Bench.

Documents usually needed

What is required depends on the stage of the case, but the following are commonly asked for at the first meeting:

• Copy of the FIR or complaint, or the case number and police station if a copy is not yet available
• Any notice received from the police (section 35(3) notice, summons or warrant)
• Charge sheet and copies supplied under section 230, if the case has reached the Magistrate
• Orders of the lower court (bail orders, charge, judgment) with certified copies for appeals and revisions
• Identity and address proof of the accused and of proposed sureties, and documents showing the surety's means
• Medical reports, messages, call records, photographs, receipts or other material that bears on the allegation
• For cheque bounce matters: the cheque, the bank's return memo, the demand notice with postal proof, and the underlying agreement or invoice

Frequently asked questions

The answers above describe the law in general terms as on the date of publication and may not reflect later amendments or judgments. They are not a substitute for advice on the facts of a particular case.