A police notice, an arrest at night, a false complaint, or a crime the police will not register: criminal matters arrive without warning and move fast. This guide explains, in plain words, how FIRs, arrest, bail, investigation, quashing and trial work under the new criminal laws, what your rights are, and what to do first. When you are ready, describe your matter in the form and an enrolled advocate who handles criminal cases can call you. It is free for clients.
Need help with your criminal cases? Book a free call back from an enrolment-verified advocate.
Most people meet the criminal justice system without any warning. A phone call from a police station asking you to "come and give a statement". A relative picked up late at night. A complaint filed by a business partner, a neighbour or an estranged spouse. Or the other side of it: money taken by fraud, an assault, a theft, a threat, and a police station that does not seem interested. In each of these moments, what you do in the first few hours and days can matter more than anything that happens later in court.
A criminal lawyer is an advocate who regularly appears in criminal courts: the Magistrate's courts, the Sessions Court, the High Court and, in some cases, the Supreme Court. The work is not only about trials. In practice, a large part of it happens long before any trial begins.
Advising on a police notice, preparing a written statement, applying for anticipatory bail, and making sure any questioning follows the law.
Meeting the arrested person, checking whether the arrest and grounds were lawful, opposing police custody and applying for bail before the Magistrate.
Regular bail before the Magistrate or Sessions Court, bail in the High Court when it is refused below, default bail when the charge-sheet is late, and changes to bail conditions.
For victims: drafting a clear complaint, pursuing the police when they refuse an FIR, and approaching the Magistrate under Section 175(3) of the BNSS.
Asking the High Court to quash a false or purely civil case under Section 528, applying for discharge before charges are framed, and recording genuine settlements.
Cross-examining witnesses, challenging evidence, final arguments, and appeals or revisions against a conviction or an acquittal.
Some advocates also focus on special laws with their own rules, such as narcotics cases under the NDPS Act, cases under the POCSO Act, money laundering under the PMLA, economic offences, cyber crime under the Information Technology Act, and cheque bounce cases under Section 138 of the Negotiable Instruments Act. If your matter falls under one of these, it helps to find someone who handles that law often, because the bail standards and procedure can be quite different.
Whichever side you are on, a good criminal lawyer will tell you plainly what the law says, what the realistic outcomes are, and what you should and should not do while the case is pending. That plain advice is often worth more than any courtroom performance.
Criminal matters move fast at the start. The steps below are general, and your advocate will adapt them to your facts, but they are a sound starting point in almost every case.
Have a question about your own case? Talk to a lawyer who handles criminal cases. Asking is free.
On 1 July 2024, three new laws replaced the colonial-era codes. Much of the substance stayed the same, with the sections renumbered, but there are real changes that affect both accused persons and victims.
| Old law | New law | What it covers |
|---|---|---|
| Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 (BNS) | Definitions of offences and punishments |
| Code of Criminal Procedure, 1973 | Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) | FIR, arrest, bail, investigation, trial and appeals |
| Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 (BSA) | What evidence courts can accept, including electronic records |
| Subject | Old section | New section |
|---|---|---|
| Cheating | 420 IPC | 318 BNS |
| Criminal breach of trust | 406 IPC | 316 BNS |
| Cruelty by husband or relatives | 498A IPC | 85 and 86 BNS |
| Dowry death | 304B IPC | 80 BNS |
| Murder | 302 IPC | 103 BNS |
| Hurt and grievous hurt | 323, 325 IPC | 115, 117 BNS |
| Criminal intimidation | 506 IPC | 351 BNS |
| Defamation | 499, 500 IPC | 356 BNS |
| FIR | 154 CrPC | 173 BNSS |
| Notice instead of arrest | 41A CrPC | 35(3) BNSS |
| Anticipatory bail | 438 CrPC | 482 BNSS |
| Bail in non-bailable cases | 437, 439 CrPC | 480, 483 BNSS |
| Default bail | 167(2) CrPC | 187(3) BNSS |
| High Court's inherent power (quashing) | 482 CrPC | 528 BNSS |
Every advocate on Mara Vakil has had their Bar Council enrolment checked before being listed.
A First Information Report is the document that starts a police investigation into a cognizable offence, meaning an offence for which the police can arrest without a warrant and begin investigating without a Magistrate's order. Theft, assault causing hurt, cheating, cruelty, rape and murder are cognizable. Defamation, most simple insults and many minor offences are non-cognizable, and for those the route is a complaint to the Magistrate or a report that the police record in a separate register.
For a cognizable offence, registration is the rule. In Lalita Kumari v. Government of U.P. (2013), a Constitution Bench of the Supreme Court held that the police must register an FIR when information discloses a cognizable offence, while allowing a limited preliminary enquiry in some kinds of cases, such as matrimonial disputes, commercial disputes and medical negligence. The BNSS now adds a statutory preliminary enquiry for offences punishable with three to seven years, which must be approved by an officer of at least the rank of Deputy Superintendent and completed within 14 days.
The enquiry cuts both ways. In 2026, in Ashish Dave v. State of Rajasthan, the Supreme Court quashed an FIR that had been registered mechanically, saying the police should have used the preliminary enquiry option where the allegations were vague. For someone falsely accused, this is a useful safeguard; for a victim, it is a reason to make the written complaint specific and supported with whatever documents you have.
Instead of, or in addition to, going to the police, a victim can file a private complaint before the Magistrate. The Magistrate records the complainant's statement on oath and of witnesses, may hold an inquiry, and then decides whether to summon the accused. Under the BNSS, the Magistrate must give the accused an opportunity of being heard before taking cognizance on a complaint. Complaints against public servants for acts done in their official duties need a written complaint with an affidavit and, in many cases, prior sanction.
The power to arrest is not a power to punish. The Supreme Court has said this for decades, from Joginder Kumar v. State of U.P. (1994) and D.K. Basu v. State of West Bengal (1997) to Arnesh Kumar v. State of Bihar (2014). The BNSS builds many of these safeguards into the statute itself.
For offences punishable with imprisonment of up to seven years, a police officer can arrest without a warrant only if there is reason to believe the person committed the offence and arrest is necessary for a specific purpose: to prevent further offences, for proper investigation, to stop tampering with evidence or threatening witnesses, or to ensure attendance in court. Otherwise, the officer must issue a notice under Section 35(3) asking the person to appear. In Satender Kumar Antil v. CBI, the Supreme Court said in 2026 that issuing a notice is the rule for such offences and arrest the exception, and that Magistrates must not authorise detention in a casual or mechanical manner. For offences punishable with less than three years, a person who is infirm or above sixty cannot be arrested without the permission of an officer of at least the rank of Deputy Superintendent.
In Mihir Rajesh Shah v. State of Maharashtra (November 2025), the Supreme Court held that the grounds of arrest must be given in writing, in a language the person understands, in all offences under all laws. In exceptional cases they may be given orally first, but the written grounds must reach the person at least two hours before production for remand. If not, the arrest and remand are illegal.
The officer must tell a person arrested for a bailable offence that they are entitled to be released on bail and can arrange sureties.
The police must inform a relative, friend or other person nominated by the arrested person, and record that this was done. Each district and police station has a designated officer who displays the names of arrested persons.
An arrested person can meet an advocate of their choice during interrogation, though not throughout it. The Supreme Court confirmed this reading of Section 38 in July 2026.
An arrested person is to be examined by a medical officer, and a woman by or under the supervision of a female medical officer. Injuries should be recorded.
No one can be held for more than 24 hours, excluding travel time, without being produced before a Magistrate. This is a constitutional right under Article 22.
Ordinarily, a woman should not be arrested after sunset and before sunrise. In exceptional circumstances, a woman police officer can make the arrest with the prior permission of the Judicial Magistrate. A woman should be searched only by another woman, with decency. Separately, a woman, a male under fifteen or above sixty, and a person with a mental or physical disability or acute illness who is only a witness cannot be required to go to the police station; they can be questioned where they live.
The arresting officer must prepare an arrest memo, attested by at least one witness, such as a family member or a respectable local person, and countersigned by the arrested person. The BNSS allows handcuffs only for certain categories, such as habitual or repeat offenders, escapees, and those accused of organised crime, terrorist acts and some other grave offences. Torture and custodial violence are crimes. If you or a relative are hurt in custody, tell the Magistrate at the first production and ask for a medical examination.
When the arrested person is produced, the police may ask for police custody to continue questioning, or the Magistrate may send the person to judicial custody, which means jail. Under Section 187, police custody can be given for a total of 15 days, in one stretch or in parts, at any time during the first 40 days (for offences punishable with up to ten years) or 60 days (for more serious offences). The Supreme Court confirmed in July 2026 that the police can ask for these days in parts within that period. This is the moment for your advocate to point out any illegality in the arrest, oppose custody, and apply for bail.
Not sure what applies to you? Describe your situation and a verified advocate can call you back.
"Bail is the rule and jail is the exception" is one of the most quoted lines in Indian criminal law. It comes from the Supreme Court's decision in State of Rajasthan v. Balchand (1977), and the Court has repeated the idea many times since, including in Sanjay Chandra v. CBI (2011) and Satender Kumar Antil v. CBI (2022). The purpose of keeping someone in custody before trial is to secure their presence and protect the investigation, not to punish them before guilt is proved. That said, bail is not automatic in serious cases, and the way you apply matters.
Every offence is classified as bailable or non-bailable in the First Schedule of the BNSS. In a bailable offence, bail is a right: the police or the court must release the person on a bond, with or without sureties. In a non-bailable offence, bail is at the court's discretion, and the court weighs the facts. Non-bailable does not mean bail will never be granted; it means a court has to decide.
| Type | When | Where to apply |
|---|---|---|
| Bail in a bailable offence | After arrest or on appearance | Police station or the court, as of right |
| Regular bail (Section 480 / 483) | After arrest, in a non-bailable offence | Magistrate, then Sessions Court or High Court |
| Anticipatory bail (Section 482) | Before arrest, when you fear arrest in a non-bailable offence | Sessions Court or High Court |
| Interim bail | While a bail application is pending, or for an urgent reason such as a medical emergency or a family event | The court hearing the application |
| Default bail (Section 187(3)) | When the charge-sheet is not filed within 60 or 90 days | The Magistrate, before the charge-sheet is filed |
| Bail for undertrials (Section 479) | After serving half (or one-third for a first offender) of the maximum sentence as an undertrial | The court, often on the jail superintendent's application |
| Bail pending appeal | After conviction, while an appeal is heard | The appellate court |
Two points from 2026 judgments are useful to know. In Rakesh Jain v. State, the Supreme Court said courts should not insist on upfront deposits of money as a condition for even considering bail; bail must be decided on its merits. And in Binay Kumar Singh v. State of Jharkhand, it said cooperation with the investigation does not mean the accused must confess.
If you have reason to believe you may be arrested for a non-bailable offence, you can ask the Sessions Court or High Court for a direction that, if arrested, you will be released on bail. The Supreme Court held in Sushila Aggarwal v. State (NCT of Delhi) (2020) that such protection need not be limited to a fixed period and can continue till the end of the trial, unless the court decides otherwise. In 2026, in Sumit v. State of U.P., it said again that anticipatory bail should not invariably be limited in time, and that filing a charge-sheet does not end it automatically. A person who has absconded is generally not entitled to anticipatory bail. Some laws bar anticipatory bail, including the SC/ST (Prevention of Atrocities) Act where a prima facie case is made out. Our bail lawyer guide explains the process in more detail.
If the police do not complete the investigation and file a charge-sheet within 60 days (for most offences) or 90 days (for offences punishable with death, life imprisonment or ten years or more), the accused gets an indefeasible right to be released on bail, provided they apply and are ready to furnish bail before the charge-sheet is filed. Special laws such as the NDPS Act and UAPA allow longer periods. The right must be claimed; it is lost if the charge-sheet is filed before the application. In July 2026 the Supreme Court clarified that not receiving a copy of the charge-sheet is not, by itself, a ground for default bail.
Section 479 says an undertrial who has been detained for half of the maximum sentence for the offence must be released on bail, and a first-time offender after one-third. It does not apply to offences punishable with death or life imprisonment. In August 2024, the Supreme Court directed that this benefit applies to undertrials in cases registered before 1 July 2024 as well, and asked jail superintendents to identify eligible prisoners.
Some statutes make bail much harder. Under Section 37 of the NDPS Act (for commercial quantities), Section 45 of the PMLA and Section 43D(5) of UAPA, the court must be satisfied about additional conditions. Even so, the Supreme Court has granted bail in such cases where the trial has not moved for years, holding that the right to a speedy trial under Article 21 cannot be defeated; in 2026 it granted bail in a UAPA and PMLA case after more than eight years of custody.
Courts usually impose conditions: appearing on dates, not leaving the country without permission, not contacting witnesses, and sometimes reporting to the police station. Breaking a condition, committing another offence or threatening witnesses can lead to bail being cancelled. If a condition is too harsh, such as a surety you cannot arrange, ask the court to modify it; the Supreme Court has said that a person's inability to furnish a surety should not by itself keep them in jail.
Clients never pay Mara Vakil. Posting your matter and the call back are free.
After an FIR, the investigating officer collects evidence: visiting the scene, recording statements of witnesses, seizing documents and devices, sending samples for forensic tests, and, where needed, arresting and questioning the accused. The investigation ends with a police report under Section 193 of the BNSS. If there is enough evidence, this is a charge-sheet. If not, the police file a closure report.
Statements recorded by the police under Section 180 are not evidence against the person making them, and confessions to the police cannot be used against an accused, under the BSA. A statement before a Magistrate under Section 183 is different and carries more weight. The police can also record statements by audio-video means. If you are asked to give a statement, it is sensible to speak to an advocate first and to keep it factual.
Searches and seizures must now be recorded on audio-video, preferably on a mobile phone, and the recording sent to the Magistrate. When the police seize a phone or laptop, ask for a seizure memo listing it, and, where possible, the hash value of the data. Electronic evidence used in court must come with a certificate in the form required by Section 63 of the BSA.
An accused can bring material to the investigating officer and ask for it to be considered, and can complain to senior officers. A victim who feels the police are not investigating properly can approach the Magistrate, and in serious cases the High Court, for directions or for transfer of the investigation. If the police file a closure report, the victim must be given notice and can file a protest petition, after which the Magistrate can reject the closure report and take cognizance, or order further investigation.
A trial is where the prosecution must prove guilt beyond reasonable doubt. The accused is presumed innocent until then, and does not have to prove anything. The order of a trial depends on the kind of case: a summons case, a warrant case before a Magistrate, or a sessions case for the most serious offences. The broad stages are similar.
Honestly, it varies enormously. A simple summons case may finish in months; a sessions trial with many witnesses can take years, especially in busy districts. The BNSS timelines help, but they do not apply to every stage, and adjournments are still common. A good advocate keeps pushing for regular dates, makes sure the defence is never the reason for delay, and uses the speedy trial principle from Hussainara Khatoon v. State of Bihar (1979) where the delay is the prosecution's fault.
The BNSS allows trials, inquiries and proceedings, including the recording of some evidence, through electronic means. It also allows a trial in absentia against a proclaimed offender who has absconded to avoid trial, after a set procedure. Witnesses who cannot attend may be examined by video conferencing at designated places.
For offences punishable with up to seven years, other than offences against women and children under fourteen and certain socio-economic offences, an accused can apply for plea bargaining within 30 days of charges being framed. If the victim and accused reach a mutually satisfactory disposition, the court may impose a reduced sentence and compensation. It is a real option in some cases, but think carefully: it ends in a conviction, though one that the law says should not be treated as a conviction for some purposes.
Your mobile number goes only to the advocate who accepts your request, not to everyone.
Not every criminal case deserves a full trial. The High Court has an inherent power, now in Section 528 of the BNSS (formerly Section 482 of the CrPC), to quash an FIR, charge-sheet or complaint to prevent abuse of the process of the court or to secure the ends of justice. It is used sparingly, but it is a powerful remedy in the right case.
The Supreme Court's decision in State of Haryana v. Bhajan Lal (1992) lists categories where quashing is justified, and courts still rely on it. In plain terms, a case may be quashed when:
The High Court does not hold a mini-trial at this stage. If the case depends on disputed facts that need evidence, it will usually let the trial decide.
Some offences are compoundable, meaning the victim can settle and the case ends, under Section 359 of the BNSS; some need the court's permission. For non-compoundable offences that are essentially private in nature, such as many matrimonial and commercial disputes, the High Court can quash the case on a genuine settlement, as the Supreme Court explained in Gian Singh v. State of Punjab (2012). Serious offences like murder, rape and dacoity, and offences against society, are not quashed merely because the parties settle. If you are settling a family or business dispute, make the withdrawal or quashing of criminal cases part of the written settlement.
Discharge happens before charges are framed, when the court finds no sufficient ground to proceed. Acquittal happens at the end of a trial, when the prosecution fails to prove guilt. Both free the accused, but quashing and discharge save years. A departmental exoneration at work does not by itself end a criminal case; the Supreme Court said in 2026 that quashing on that basis needs a finding on merits.
A conviction can be challenged by appeal under Section 415 of the BNSS: from a Magistrate to the Sessions Court, from the Sessions Court to the High Court, and in some cases to the Supreme Court. There are limits: there is no appeal in some petty cases, and no appeal against a sentence on a guilty plea except on the extent or legality of the sentence. The victim can also appeal against an acquittal, conviction for a lesser offence or inadequate compensation.
Where no appeal lies, a revision can be filed before the Sessions Court or High Court to correct an illegal or improper order. In July 2026, the Supreme Court held that an appeal does not lie under Section 415 against a Sessions Court judgment that reverses an acquittal; the remedy there is a revision before the High Court. Time limits for appeals are short, generally 30 to 90 days depending on the court, so do not wait after a judgment. Ask the court for a certified copy immediately; it is provided free to the accused.
When an appeal is filed against a conviction, the appellate court can suspend the sentence and grant bail. For sentences up to a few years, this is common; for longer sentences, the court looks at the merits and the time the appeal will take.
Deadlines matter in criminal cases. Book a free call back today rather than waiting.
Much of what is written about criminal law is about the accused. Victims have rights too, and the BNSS has added to them.
Any police station must register a zero FIR. The informant and victim get a free copy of the FIR.
The police must inform the victim about the progress of the investigation within 90 days.
A victim represented by an advocate can receive copies of the police report and documents, and must be heard before a case registered on a police report is withdrawn.
Every state has a victim compensation scheme under Section 396. Courts can also order compensation from the accused. Apply through the District Legal Services Authority.
Hospitals, public and private, must give free first aid or medical treatment to victims of acid attacks and sexual offences, and inform the police.
States must have witness protection schemes, and the identity of victims of sexual offences must not be disclosed. Statements of women victims of certain offences are recorded by a woman officer.
Complaints of sexual offences against women can be recorded at the victim's home or a place of her choice, by a woman police officer, in the presence of a family member or other person she chooses. Statements can be audio-video recorded. Cases involving children follow the POCSO Act, with child-friendly procedures and Special Courts. Every woman and child is entitled to free legal aid, regardless of income, through the Legal Services Authorities. Check with our free legal aid checker.
If money has been taken through online fraud, call 1930 or report on cybercrime.gov.in immediately; the quicker the report, the better the chance that the bank can hold the money. Then file a written complaint with the cyber police. Our cyber lawyer page explains what follows.
Yes. The case is prosecuted by the Public Prosecutor, but a victim can engage a private advocate to assist the prosecution, with the court's permission, and in complaint cases the victim's advocate conducts the case. A victim's advocate can also oppose bail, ask for further investigation, and file an appeal against an acquittal.
Want a second opinion? Talk to another enrolment-verified advocate, free.
These short notes describe some of the charges people most often face or complain about. Punishments are the maximums the law allows; actual sentences are usually lower and depend on the facts. Whether an offence is bailable or cognizable can depend on the sub-section, so check the FIR with an advocate.
| Law | What it covers | What is different |
|---|---|---|
| NDPS Act, 1985 | Drugs and psychotropic substances | Punishment depends on quantity; strict bail test for commercial quantity; mandatory search safeguards |
| POCSO Act, 2012 | Sexual offences against children | Special Courts, child-friendly procedure, presumptions against the accused |
| SC/ST (Prevention of Atrocities) Act, 1989 | Atrocities against Scheduled Castes and Tribes | Anticipatory bail barred where a prima facie case exists; Special Courts |
| Information Technology Act, 2000 | Identity theft, online cheating, publishing obscene material, hacking | Often combined with BNS charges; electronic evidence is central |
| PMLA, 2002 | Money laundering | Investigated by the Enforcement Directorate; strict bail conditions |
| Prevention of Corruption Act, 1988 | Bribery and corruption by public servants | Prior approval needed in many cases to investigate a public servant |
These are composite examples, not real clients. They show how the rules above play out.
A shopkeeper named in a cheating complaint by a supplier over unpaid invoices. His advocate first gets the FIR, which carries Section 318 and Section 316, both punishable with up to seven years. They ask for a written Section 35 notice, which arrives, and he appears with the account statements showing part payments and the dispute over defective goods. Because the dispute looks civil and he cooperates, he is not arrested. His advocate then files a petition in the High Court to quash the FIR as a civil dispute given a criminal colour, and meanwhile the two sides begin settlement talks.
A young man arrested after a scuffle outside a bar, charged with causing hurt and intimidation. The family reaches an advocate by morning. The advocate checks whether written grounds of arrest were given and finds they were not. At the first production, the advocate points this out and applies for bail. The Magistrate releases him on bail the same day. The case then continues, and because the injured person is willing, it may be settled later through compounding.
A husband, his parents and his married sister who lives in another city are named in a complaint under Sections 85 and 86. The advocate advises them to apply for anticipatory bail, which the Sessions Court grants to the parents and sister, noting the general nature of the allegations against them. The husband, against whom specific allegations are made, gets anticipatory bail with conditions. The advocate then explores mediation, because the couple also has a maintenance case pending. If they settle, the criminal case can be quashed as part of the settlement.
A retired teacher discovers that someone sold her plot using a forged power of attorney. The police tell her it is a civil matter. Her advocate drafts a detailed complaint with the forged document, her passport showing she was abroad on the date of signing, and the registry records. The SP is approached under Section 173(4), and when nothing happens, an application is filed before the Magistrate under Section 175(3). The Magistrate directs registration of an FIR for forgery and cheating. Alongside, a civil suit is filed to cancel the forged sale deed and stop further transfers.
Fees are agreed directly between you and the advocate. Booking the call back costs nothing.
Every case turns on its own facts. A verified advocate can tell you what applies to yours.
Advocates set their own fees. In criminal work, fees are usually charged per stage: a fixed amount for a bail application, for a quashing petition, or per appearance during trial. They vary with the city, the court, the advocate's experience, the seriousness of the charge and how urgent the matter is. A bail application in a Magistrate's court costs much less than a bail matter in the High Court, and a long sessions trial with many witnesses costs far more than a summons case that settles. Court fees in criminal matters are small. Ask for the fee in writing, stage by stage, before you engage anyone, and ask who will actually appear on each date.
Free legal aid is a right for many people. Under the Legal Services Authorities Act, 1987, every person in custody is entitled to free legal services, along with women, children, members of Scheduled Castes and Scheduled Tribes, persons with disabilities, victims of trafficking and people below the state income limit. Every district court has a legal aid clinic, many jails have legal aid lawyers, and the national helpline is 15100. If an accused cannot afford a lawyer at trial, the court must provide one at the state's expense. Check your eligibility with our free legal aid checker, and read our guide to legal fees in India.
Advocates in India are not allowed to advertise, solicit work or call themselves the best, under the Bar Council of India Rules. So there are no honest rankings, and anyone promising a guaranteed result should worry you. Judge an advocate on facts and on the first conversation.
Ready to take the next step? Book a free call back in under two minutes.
Mara Vakil is a technology platform, not a law firm. We do not give legal advice or take cases ourselves. We make it easy to reach an enrolled advocate who handles criminal matters, and we keep it free for you.
Describing your matter and the first call cost you nothing.
Our team checks each advocate's enrolment details with State Bar Council records before a profile goes live.
Only the advocate who accepts your request receives your mobile number.
No ratings, success rates or paid placements. Profiles show facts: enrolment, courts, practice areas and languages.
Describe your matter, free See enrolled advocates
Prefer to speak to a lawyer first? Talk to a verified advocate who handles criminal cases.
For offences punishable with up to seven years, the law expects a notice to appear rather than arrest, unless specific conditions are met. Many people named in FIRs are never arrested.
It only means bail is decided by a court rather than given as of right. Courts grant bail in non-bailable cases every day.
Only compoundable offences end on a compromise. For others, the High Court may quash a case on settlement in suitable matters, but serious offences continue regardless.
Confessions to the police are not admissible against an accused, and statements to the police are not substantive evidence. That does not mean you should speak carelessly; get advice first.
Bail, default bail and the undertrial release rule in Section 479 exist precisely to prevent this. Long custody without trial is the exception the Supreme Court keeps correcting.
Anyone offering this is offering a crime. A real advocate wins with the law, the facts and preparation.
Have your documents ready? Book a free call back and share the details with the advocate.
Ask for a written notice under Section 35(3) of the BNSS, find out the FIR number and sections, and speak to an advocate before going. If you appear and cooperate, you are generally not to be arrested for offences punishable with up to seven years unless the officer records reasons. Cooperation does not require a confession.
For cognizable offences, yes, but only within the limits of Section 35. For offences punishable with up to seven years, they need reason to believe you committed the offence and a specific reason why arrest is necessary; otherwise they must issue a notice to appear.
To be told the grounds of arrest in writing in a language you understand, to have a relative or friend informed, to meet an advocate during interrogation, to a medical examination, to be told of your right to bail in a bailable offence, and to be produced before a Magistrate within 24 hours.
In a bailable offence, bail is a right and must be given by the police or court on a bond. In a non-bailable offence, the court decides whether to grant bail after looking at the seriousness of the charge, the evidence, the risk of absconding or tampering, and the person's circumstances.
File an application under Section 482 of the BNSS before the Sessions Court or High Court, explaining why you fear arrest and why you should be protected. The court may grant interim protection and then decide after hearing the prosecution. The protection need not be limited to a fixed period.
If the police do not file a charge-sheet within 60 days, or 90 days for offences punishable with death, life imprisonment or ten years or more, an accused in custody can apply for bail as of right under Section 187(3). The application must be made before the charge-sheet is filed.
Send the substance of your complaint in writing to the Superintendent of Police under Section 173(4) of the BNSS. If that does not work, apply to the Magistrate under Section 175(3), with an affidavit, asking for a direction to register and investigate. You can also file a private complaint before the Magistrate.
An FIR that any police station must register for a cognizable offence, even if it happened outside its area. The station then transfers it to the police station with jurisdiction. It is now part of Section 173 of the BNSS.
Yes. The High Court can quash an FIR under Section 528 of the BNSS if the allegations do not make out an offence, are inherently improbable, are barred by law, are malicious, or turn a civil dispute into a criminal case. The court does not decide disputed facts at that stage.
Compoundable offences can be settled between the victim and the accused, some with the court's permission. Other offences of a private nature, such as many matrimonial and commercial disputes, can be quashed by the High Court on a genuine settlement. Serious offences like murder and rape cannot be ended by settlement.
It depends on the court, the number of witnesses and the seriousness of the case. Summons cases may finish in months; sessions trials often take years. The BNSS sets timelines for some stages, such as judgment within 30 to 45 days of arguments.
The IPC applies to offences committed before 1 July 2024. Offences committed on or after that date are charged under the BNS. Procedure for cases registered after that date follows the BNSS, while pending cases continue largely under the old procedure.
Yes, if you are in custody, a woman, a child, a member of a Scheduled Caste or Tribe, a person with a disability or below your state's income limit, among others. Apply at the District Legal Services Authority, through the jail legal aid clinic, or the helpline 15100. Courts must also provide a lawyer at state expense to an accused who cannot afford one.
Statements to the police are not substantive evidence, and a confession to the police cannot be used against the accused. They can be used to contradict a witness. A statement recorded before a Magistrate stands on a different footing.
Cheating is Section 318 of the BNS. Simple cheating carries up to three years, and cheating that dishonestly induces delivery of property carries up to seven years, with fine. The actual sentence depends on the facts.
If you are on bail, check your bail conditions; many require the court's permission to leave the country. Even without such a condition, a look-out circular may exist in serious cases. Apply to the court for permission with travel details and an undertaking to return.
No. Describing your matter and being connected to an enrolled advocate is free for clients. Any fee for legal work is agreed directly between you and the advocate you choose.
Local courts, forums and practice differ from city to city. Read the page for your city:
Related services:
Free tools:
Guide: Bail application process in India
Other practice areas:
Describe your matter in a few lines. Enrolled advocates who handle criminal cases in your city can see it, and the one who accepts will call you. If someone is in custody, say so. It is free for clients.
Describe your matter, freeThis page gives general information about Indian law as of 15 October 2026. It is not legal advice and is not an advertisement or solicitation by any advocate, as restricted by Rule 36 of the Bar Council of India Rules. Laws and court practice change, and the right answer depends on your facts; confirm the position for your case with an advocate before acting. Mara Vakil is a technology platform, not a law firm. Read our disclaimer.
Join Mara Vakil as an advocate and receive criminal requests from clients near you. Free, enrolment-checked profile. Client requests in your practice area, no commission on your fees, a free case diary and your court group. Apply in about 10 minutes.