Divya Banerjee

Profile description

Facing a charge under the Protection of Children from Sexual Offences (POCSO) Act can feel overwhelming. Divya Banerjee, an advocate practising before the Punjab and Haryana High Court, specialises in defending individuals accused of offences covered by this legislation. Their practice centres on dissecting the prosecution’s case from the moment a charge sheet is filed, identifying procedural gaps, and safeguarding the client’s right to a fair trial. By combining legal expertise with a compassionate approach, Banerjee aims to reduce the stress of the criminal process while pursuing the best possible legal outcome.

Banerjee routinely scrutinises the investigation file for violations of the POCSO procedural safeguards, such as improper recording of statements or failure to involve a qualified social worker. They file appropriate applications to quash improperly obtained evidence and to obtain forensic reports that meet statutory standards. In trial, Banerjee skillfully cross‑examines witnesses, highlighting inconsistencies and challenging any coerced testimonies. This rigorous defence often leads courts to dismiss weak allegations or to grant relief through interim orders, thereby protecting the client’s liberty while the full case is examined.

Graduating with first‑class honours from the National Law University, Delhi, Banerjee joined the Punjab and Haryana High Court bar after clearing the All India Bar Examination. Over twelve years of practice, they have represented hundreds of clients in POCSO matters, earning commendations for tactical acumen and meticulous case preparation. Banerjee also contributes to legal workshops on child protection laws, helping junior lawyers understand the delicate balance between safeguarding children and protecting accused rights. This blend of academic excellence and courtroom exposure equips them to handle even the most complex POCSO defences.

Clients appreciate Banerjee’s transparent communication style. They schedule regular briefings, explain legal options in plain language, and promptly respond to concerns, ensuring that families remain informed throughout the process. In the last five years, Banerjee has secured bail for more than eighty percent of applicants and achieved dismissals in numerous cases where evidence failed to meet the stringent standards of the POCSO Act. Such outcomes reflect a deep understanding of both substantive law and procedural nuances, reinforcing confidence among clients facing serious accusations.

When you retain Banerjee, you receive a defence built on rigorous analysis and an unwavering commitment to protect your liberty. They can help you navigate bail applications, challenge unlawful arrests, and present a factual defence that questions the credibility of the prosecution’s narrative. Their promise is to fight diligently for a resolution that either clears the charges or minimizes any adverse impact on your personal and professional life. With a proven record in the Punjab and Haryana High Court, Banerjee stands ready to advocate for your rights at every stage of the criminal proceeding.

Banerjee also has experience filing appeals and revision petitions when a lower tribunal’s decision is unsatisfactory. They draft comprehensive appellate briefs that highlight legal errors, misapplication of POCSO provisions, and any violation of due‑process rights. Their familiarity with the High Court’s precedent allows them to argue convincingly before benches that have previously set important benchmarks in child‑related criminal law. This appellate competence provides an additional layer of protection, ensuring that if a trial verdict is adverse, there is a strong pathway for review and possible reversal.

Criminal Law Practice Areas