Delhi High Court —
Criminal Practice

The Delhi High Court exercises four principal criminal jurisdictions. First, bail jurisdiction under Section 483 BNSS — both regular bail in pending matters and second / successive applications after refusal at the trial court. Second, quashing jurisdiction under Section 528 BNSS (formerly Section 482 CrPC) — to quash FIRs, chargesheets, and pending criminal proceedings on Bhajan Lal categories. Third, criminal revision jurisdiction under Section 442 BNSS — to test legality of orders by Magistrates and Sessions Judges. Fourth, constitutional writ jurisdiction under Article 226 — habeas corpus, certiorari, mandamus, and prohibition in criminal matters where fundamental rights are engaged. The High Court also hears criminal appeals against convictions, including death-reference confirmations under Section 419 BNSS.

The Delhi High Court is at Sher Shah Road, near India Gate, New Delhi 110003. Public entry is from S-Block. The High Court complex houses the original side, the appellate side, and various specialised benches. Adjacent is the Bar Council building and the Delhi High Court Bar Association library. The Delhi High Court has a single principal seat — there is no Bench at any other location, unlike some other High Courts. Filings are accepted at the Filing Counter on the ground floor; e-filing is available through the Delhi High Court e-Filing portal. The Court typically sits Monday to Friday, 10:30 AM to 1:30 PM and 2:15 PM to 4:30 PM.

Criminal matters are listed before designated criminal benches as per the roster issued by the Hon'ble Chief Justice. The roster is updated periodically and is available on the Court's website. Bail matters are listed before "Bail" benches. Quashing petitions, criminal writs, and revisions are typically listed before separate criminal benches. Mentions for urgent listing are entertained at the start of the day before the relevant Bench, with grounds of urgency to be substantiated. The Court has a published Practice Direction on Mentioning, which counsel follow strictly. Daily cause lists are published online the previous evening.

Section 528 BNSS (formerly Section 482 CrPC) preserves the inherent jurisdiction of the High Court to give effect to any order, prevent abuse of the process of any court, or otherwise secure the ends of justice. It is the principal vehicle for quashing FIRs, chargesheets, and pending criminal proceedings. The Supreme Court in State of Haryana v. Bhajan Lal (1992) Supp (1) SCC 335 enumerated seven categories where quashing is appropriate — including where allegations do not constitute the offence, where the FIR is barred by an express provision, where the proceedings are mala fide, and where the dispute is essentially civil. Quashing under Section 528 BNSS is to be exercised sparingly but is a fundamental safeguard against criminalisation of essentially commercial or civil disputes.

Yes. The Delhi High Court regularly grants bail in PMLA matters under Section 483 BNSS read with Section 45 PMLA — the twin-test framework applies but the High Court ordinarily examines bail with greater latitude than the PMLA Special Court. For CBI matters under PC Act and BNS provisions, the Court applies the Satender Kumar Antil framework with category-wise bail standards. For NDPS matters involving commercial quantity, Section 37 NDPS bail bar applies. For UAPA matters, Section 43D(5) bar applies with the Watali standard. Bail orders are reasoned, citing the relevant Supreme Court framework and recording the grounds for grant or refusal.

Article 226 writ of habeas corpus is filed where a person is detained without lawful authority — typically against an arrest that is procedurally defective. Common grounds in white-collar matters include breach of Pankaj Bansal written-grounds-of-arrest requirement, non-compliance with Section 47 BNSS arrest procedures, breach of Section 41A BNSS notice provisions, and breach of Article 22(1) and 22(2) constitutional safeguards. The petition is filed at the Filing Counter; mentioning slips for urgent listing are entertained. The Court typically issues notice to the State within 24 to 48 hours where a clear case is made out, and may grant interim release in appropriate cases. The Supreme Court in Arnab Manoranjan Goswami v. State of Maharashtra (2021) reaffirmed the High Court's constitutional jurisdiction in such matters.

Variable by complexity. For straightforward Section 483 BNSS bail applications, listing within 7 to 14 days of filing is typical. For PMLA, CBI, and other complex matters, 12 to 24 weeks of pendency is common. The State files a status report; defence files reply; oral arguments follow. Where the accused has been in custody for a substantial period without trial progress, mentioning slips for early hearing are entertained. For quashing petitions under Section 528 BNSS, listing is typically within 14 to 21 days; final disposal can take 6 to 12 months depending on the issues. Article 226 writs in habeas corpus are heard urgently — often within 24 to 72 hours.

Yes. The firm regularly appears at the Delhi High Court for the full range of criminal matters — Section 483 BNSS bail in PMLA, CBI, EOW, NDPS, UAPA, and general BNS matters; Section 528 BNSS quashing where Bhajan Lal categories apply or where the dispute is essentially civil; criminal revisions; and Article 226 writs in habeas corpus and quashing. Senior Partner Advocate Subodh Bajpai (LLM, MBA — XLRI Jamshedpur) leads the criminal practice with Senior Counsel briefed where the matter requires. Filings are time-critical; engagement letters cover scope, fee structure, and Senior Counsel involvement. Contact +91 84008 60008 (mark URGENT for arrest matters) or legal@unifiedchambers.com.