In short. After an FIR is registered against you, get the FIR copy (from the Delhi Police website or through an advocate), check the sections and maximum punishment, preserve your documents and messages, avoid contacting the complainant, and decide quickly whether to apply for anticipatory bail under Section 482 BNSS or wait for a Section 35 notice. An FIR is an accusation, not a finding of guilt.
An FIR (First Information Report) is the police record of information about a cognizable offence, registered under Section 173 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) for offences after 1 July 2024. It starts the investigation. It does not mean you will be arrested, and it certainly does not mean you will be convicted. Many FIRs end in a closure report, a settlement, or a quashing order, and many others go to trial years later with the accused on bail throughout.
This post is about what to do in the days after you find out. It deliberately stays practical: the copy, the sections, the arrest risk, the documents, the mistakes. For the wider picture of how a criminal case runs from FIR to judgment, see our page on criminal law practice under the BNS, BNSS and BSA, and for the Delhi courts and police stations specifically, our page for a criminal lawyer in Delhi.
- FIR provision
- Section 173 BNSS (old Section 154 CrPC)
- Law for FIRs after 1 July 2024
- BNS, BNSS and BSA; older FIRs stay under IPC and CrPC
- Arrest or notice
- Section 35 BNSS notice is the norm for offences up to 7 years
- Anticipatory bail
- Section 482 BNSS, Sessions Court or High Court
- Quashing
- Section 528 BNSS, Delhi High Court
- First thing to do
- Get the FIR copy and read the sections
An FIR has been registered against me: what should I do first?
Get the FIR and read it before you do anything else. Until you know the sections, the date, the police station and exactly what the complainant has said, every decision you make is a guess. People who hear about an FIR from a relative or a phone call often rush to the police station, call the complainant, or delete messages. Each of those can make the case harder.
Next, find out whether the offences are serious enough that the police are likely to arrest. The practical dividing line under the BNSS is seven years: for offences punishable with up to seven years, the police are expected to issue a notice of appearance under Section 35 rather than arrest, unless they can record specific reasons. For offences punishable with more than seven years, or where there is a recovery to be made, arrest is a real possibility and anticipatory bail becomes urgent.
Then collect your own papers. Almost every FIR comes out of some earlier history: a loan, a property deal, a marriage, a business partnership, a quarrel. The documents and messages from that history are your defence, and they are easiest to collect now, while you are calm and before anyone is in custody.
The first 72 hours after you learn of an FIR
This is the order we usually suggest. It assumes you have not yet been arrested; if someone has already been taken into custody, read our post on your rights on arrest in Delhi first.
Confirm the FIR exists
Find the FIR number, date and police station. A rumour that 'a case has been filed' sometimes turns out to be a complaint still under enquiry, which is a different situation with more room to act.
Get the full FIR copy
Download it from the Delhi Police website if it has been uploaded, or have an advocate obtain it. Read the whole thing, including the complainant's narrative, not only the sections at the top.
Check the sections and punishment
List each section and its maximum sentence, and note whether it is bailable or non-bailable. This tells you how worried to be about arrest and which court will eventually try the case.
Check which law applies
If the incident or the FIR is from before 1 July 2024, the IPC and CrPC may still govern. The section numbers in your bail application must match the law that applies.
Preserve your evidence
Save chats, emails, call logs, bank statements, agreements and photographs, with backups. Do not delete anything, even messages you think look bad.
Stop contact with the complainant
Do not call, message or visit the complainant or witnesses. Any settlement talk should go through advocates, a mediator or the court.
Decide on anticipatory bail
With an advocate, decide whether to file for anticipatory bail now, or wait for a Section 35 notice and appear. This decision depends on the sections, the facts and how the police are behaving.
Two things can wait: complaints against the complainant and dramatic statements to the media or on social media. They rarely help in the first week and often hurt.
How do I get a copy of the FIR in Delhi?
Most FIRs registered in Delhi are uploaded on the Delhi Police website, where you can search by district, police station and FIR number or date. Following Supreme Court directions, FIRs are meant to be uploaded within about 24 hours, but FIRs in sensitive categories, such as sexual offences, offences involving children and some offences affecting security, are not put online. If yours is not visible, that is not proof that no FIR exists.
The informant gets a free copy under Section 173(2) BNSS. The accused has no equivalent right at the police station, but an advocate can apply to the court of the area magistrate for a certified copy, and the FIR copy is in any case annexed to every bail application, so the court record will have it once proceedings begin. Where the police refuse to share the copy and it is not online, the Sessions Court or High Court hearing an anticipatory bail application can direct the state to produce it.
If the FIR was registered as a zero FIR somewhere else and then transferred to a Delhi police station, the FIR number will change on transfer. Ask for both numbers. Our post on zero FIR and e-FIR under the new criminal laws explains how transfers work, which matters when you are trying to work out which court to approach.
Reading the FIR: what each part tells you
When Advocate B.K. Singh reads an FIR for the first time, he looks at the dates before the sections: the gap between the alleged incident and the registration of the FIR often says more about the case than the narrative does. Here is what to look for in each part.
| Part of the FIR | What to look for | Why it matters |
|---|---|---|
| FIR number, date and time of registration | When the FIR was actually registered, as opposed to when the incident happened | Unexplained delay is a point for bail and later for quashing or trial |
| Police station and district | Which police station, and whether it is a zero FIR transferred from elsewhere | Decides which Sessions Court and magistrate have jurisdiction |
| Sections of law | Each BNS or IPC section, plus special laws such as the NI Act, IT Act or Arms Act | Sets the maximum punishment, bailability and the arrest risk |
| Date and place of occurrence | Whether the dates match your records, travel, attendance or phone location | A clear mismatch is often the strongest early defence point |
| Names of accused | Are you named directly, or only lumped in with 'family members' or 'others' | Vague, omnibus naming of relatives is a recognised ground for relief |
| Complainant's narrative | Specific acts attributed to you, versus general allegations | Courts look for what each accused is said to have done |
| Property or amount involved | Money, documents or goods the police may want to recover | A pending recovery increases the chance the police will seek custody |
| How the FIR was registered | On a direct complaint, after a preliminary enquiry, or on a magistrate's order under Section 175(3) | Tells you what material the police or court already had before registering |
Bailable or non-bailable, and why the seven-year line matters
Every offence in the BNS is classified in the First Schedule of the BNSS as cognizable or non-cognizable, bailable or non-bailable, and triable by a particular court. If every offence in your FIR is bailable, you have a right to bail on furnishing a bond, and the risk of spending time in custody is low. If even one offence is non-bailable, bail is in the court's discretion, and that is when preparation matters.
The maximum sentence matters as much as the label. For offences punishable with up to seven years, the Supreme Court in Arnesh Kumar v State of Bihar (2014) told the police not to arrest automatically and to issue a notice of appearance instead, and that approach is now built into Section 35 BNSS. Common examples include cheating under Section 318 BNS in its basic forms, criminal breach of trust under Section 316 in many cases, criminal intimidation under Section 351, and cruelty under Section 85.
Offences carrying more than seven years, such as grievous hurt with a dangerous weapon, robbery, forgery of valuable security, rape or murder, change the calculation completely. Here the police can arrest on reasonable suspicion without first issuing a notice, and the question of anticipatory bail usually has to be answered within days rather than weeks.
Will the police arrest me now that the FIR is registered?
Not necessarily. An FIR allows the police to investigate; it does not oblige them to arrest. Under Section 35(1) BNSS, for offences punishable with up to seven years, a police officer can arrest without warrant only if he has reason to believe arrest is necessary, for example to prevent further offences, to ensure proper investigation, to stop tampering with evidence or witnesses, or to secure your presence in court, and he must record those reasons in writing.
Where arrest is not required, the officer must issue a notice under Section 35(3) asking you to appear. If you comply and keep complying, you cannot be arrested for that offence unless the officer records fresh reasons. Our post on the police notice under Section 35 BNSS covers what happens when you go and how to prepare.
In practice, arrest risk rises when the offence is serious, when there is property or money to recover, when the complainant is influential or persistent, when a co-accused has already been arrested, and when the accused has not responded to earlier calls from the police. It falls when you have a fixed address, a job or business, no criminal record, and a lawyer who has written to the investigating officer (IO) offering cooperation.
Should I apply for anticipatory bail straight away?
Apply straight away if the offences are punishable with more than seven years, if the police have already visited your home or office looking for you, if a co-accused has been arrested, or if the complainant has a history of using the police against you. In those situations, waiting for a notice is a gamble. Anticipatory bail under Section 482 BNSS is filed in the Sessions Court for the district where the FIR is registered, and in Delhi the High Court generally expects you to go there first.
You can usually wait if every offence is bailable, or if the offences are under seven years, the dispute is documentary, and the police are already communicating through notices. Filing an anticipatory bail application that is then dismissed is not a disaster, but it does put your version on record before you are ready, so it should not be filed casually.
The full procedure, from drafting to the hearing and the conditions courts usually impose, is in our post on how to get anticipatory bail in Delhi under Section 482 BNSS. For all forms of bail, including regular bail after arrest, see our bail lawyer page.
A made-up example: an FIR after a business deal goes wrong
Here's a made-up example. Rohit supplied machine parts to a buyer in West Delhi on credit. When Rohit stopped deliveries over unpaid bills, the buyer filed a complaint saying Rohit had taken an advance of ₹9 lakh and never delivered. An FIR was registered at a police station in the South West district under Sections 316 and 318 BNS. Rohit learnt about it when his brother saw it on the Delhi Police website.
Rohit's first instinct was to drive to the buyer's office and 'sort it out'. Instead, his advocate downloaded the FIR, noted that both offences, as alleged, were punishable with up to seven years, and collected the purchase orders, delivery challans signed by the buyer's staff, GST invoices and WhatsApp messages showing the buyer acknowledging receipt and asking for more time to pay. The advocate wrote to the IO with copies, saying Rohit would appear whenever asked.
Two weeks later Rohit received a Section 35 notice, appeared with his advocate, gave his account with the documents, and was not arrested. Whether the case is closed, settled or goes to trial will take time, but his first week did not make things worse. Had the FIR also included forgery of a valuable security, carrying a much higher sentence, the advice would have been to file for anticipatory bail at once.
What if the FIR relates to events before 1 July 2024?
Check the date of registration first. FIRs registered before 1 July 2024 are investigated and tried under the CrPC, and the offences are under the IPC, by reason of the saving provision in Section 531 BNSS. FIRs registered on or after that date proceed under the BNSS, but the offence itself is generally judged under the law that was in force when the act was committed, because no one can be punished under a law that did not exist at the time.
This produces mixed cases: an FIR registered in 2025 for acts done in 2023 may cite IPC sections while the procedure follows the BNSS. The bail application, the sections and the forum must line up with this, and mistakes here are surprisingly common. Our post on whether the old IPC or the new BNS applies to your FIR works through the combinations.
Can I contact the complainant to settle the matter?
Not directly. Once an FIR is registered, a call or visit from the accused to the complainant can be presented as intimidation or an attempt to influence a witness, and that can lead to a fresh FIR under Section 351 BNS or be used to oppose your bail. Even friendly messages get screenshotted and read in court in the worst possible light.
Settlement is still possible and often sensible, especially in money, family and neighbourhood disputes. It should go through advocates, through a mediator, or through the mediation centre attached to the court once the matter reaches one. Some offences are compoundable, meaning the parties can settle them before the court; others are not, and even after a genuine settlement you would need the High Court to quash the FIR. Our post on quashing an FIR after a compromise under Section 528 BNSS explains which cases qualify.
If the FIR is a cruelty case by a spouse and the husband's relatives have been named, the considerations are different again, including the role of the crime against women cell and the family court. See our post on facing a cruelty case under Section 85 BNS.
Documents to collect this week
Put these in one folder, physical and digital. Most will be needed for anticipatory bail, for your statement to the IO, or both.
About the FIR
- FIR copy, with the FIR number, date and police station
- Any earlier complaint, notice or summons from the police
- Any order of a magistrate directing registration, if the FIR came that way
- Names and phone numbers of the IO and SHO, if known
Your side of the story
- Agreements, invoices, receipts, delivery records
- Bank statements showing the relevant payments
- Chats, emails and call logs, with full backups
- Photographs, CCTV footage requests, travel tickets, attendance records
- Earlier complaints you made against the complainant, with dates
Personal papers for bail
- Aadhaar, PAN and address proof
- Proof of job or business (salary slips, GST registration, ITRs)
- Passport, if you hold one
- Details of a possible surety with their ID and property or income proof
What should I say when the investigating officer calls?
Be polite, confirm your identity, and say that you will appear on the date given in a written notice, with your advocate if possible. Do not argue the case on the phone, and do not walk into the police station unannounced to 'explain'. If the IO wants you urgently, ask for the request in writing; a proper Section 35 notice has to be served in the manner the law prescribes, and the Supreme Court has held that a WhatsApp message is not valid service.
When you do give a statement, remember the legal position. A statement to the police under Section 180 BNSS is not signed by you and cannot be used as evidence against you at trial, except to contradict you. A confession to a police officer is not admissible at all under the Bharatiya Sakshya Adhiniyam. But anything the police recover because of what you tell them can be used, and lies that are later exposed damage your credibility for bail and trial.
A point Advocate B.K. Singh often makes to clients at this stage is that a short written statement, with documents attached and a covering letter received by the police station, is worth more than an hour of oral explanation. It creates a dated record of what you said and what you produced, which helps if the police later claim you did not cooperate.
Can I take my side to senior police officers?
Yes. You can send a written representation to the SHO, the ACP of the sub-division and the DCP of the district, setting out your version, attaching documents, and asking that they be considered in the investigation. This is useful where the FIR is plainly a civil dispute dressed up as a crime, or where the IO seems to be acting on the complainant's word alone. Keep it factual and short; a long attack on the complainant reads badly.
Some economic offences above a certain value are transferred to the Economic Offences Wing (EOW) of Delhi Police, and cyber offences to the district cyber police station. If your case moves, your representation should follow it. The police are not obliged to accept your version, and you should not expect a closure report just because you wrote, but a documented representation is often referred to in bail hearings and quashing petitions later.
Can the FIR be quashed, and when should I try?
The Delhi High Court can quash an FIR under Section 528 BNSS (old Section 482 CrPC) when the allegations, even taken at face value, do not disclose an offence, when a purely civil dispute has been given a criminal colour, when the FIR is manifestly malicious, or when the parties have genuinely settled a dispute that is essentially private. Quashing is discretionary and the High Court will not hold a mini trial on disputed facts.
Quashing is rarely the right first move. A petition takes time to be listed and heard, and the High Court often declines to stay investigation in the meantime, so you still need a plan for arrest. The usual sequence is: secure protection from arrest, cooperate with the investigation, and then consider quashing once the facts and documents are clearer, or after a settlement.
Mistakes people make in the first week
- Going to the police station alone and unprepared. People expect to clear things up in ten minutes and come out arrested, or having given a confused statement that is quoted against them in every bail hearing.
- Calling or visiting the complainant. Even a well-meant apology can become a fresh FIR for intimidation, or a ground to cancel bail later.
- Deleting messages or formatting phones. Investigators can often recover data, and deletion after an FIR looks like destroying evidence, which is itself an offence.
- Filing a counter-FIR in anger. A cross-case may be justified, but filed hastily it looks retaliatory and can complicate settlement.
- Hiding or switching off the phone for weeks. Absconding invites a warrant, then a proclamation under Section 84 BNSS, after which anticipatory bail becomes much harder to obtain.
- Posting about the case online. Public posts about the complainant can lead to defamation or harassment complaints and are easily used against you.
- Using the wrong section numbers. A bail application under the wrong law or before the wrong court wastes a hearing date you may not be able to spare.
Passport, travel and job while the FIR is pending
An FIR on its own does not cancel your passport or stop you travelling. Problems arise later: when a criminal court has taken cognizance, passport renewal or reissue usually needs the court's permission, and a Look Out Circular may be opened in serious or economic cases if the agency fears you will leave. If you are worried that one has been issued, our post on how to find out if a Look Out Circular is open against you explains how to check. If you have planned travel, tell your advocate early; bail orders often include a condition not to leave India without permission.
Government employees usually have a duty under their conduct rules to inform their department of an arrest or a criminal case, and failing to do so can become a separate disciplinary issue. Private employees should check their contract and company policy before saying anything. In most private jobs, an FIR alone does not justify termination, but an arrest that keeps you away from work can.
What happens next: chargesheet, closure or settlement
After investigation, the police file a report under Section 193 BNSS. It is either a chargesheet, saying there is enough material to try you, or a closure report, saying there is not. If a closure report is filed, the complainant gets notice and can file a protest petition, and the magistrate may accept the closure, order further investigation, or take cognizance anyway.
If a chargesheet is filed and you were never arrested, the court usually issues summons, and you appear and furnish bail bonds; the Supreme Court has said repeatedly that there is no need to take into custody a person who cooperated during investigation. Our post on what happens after a chargesheet is filed covers that stage. If someone was arrested and the chargesheet is late, our post on default bail when the police fail to file the chargesheet in time explains the 60 and 90 day rule.
Your checklist for this week
- FIR copy downloaded or obtained, and read in full
- Sections listed with maximum punishment and bailability
- Date of FIR checked against 1 July 2024 to know which law applies
- All chats, emails, call logs and bank records backed up
- No contact with the complainant or witnesses
- Decision made on anticipatory bail, with an advocate
- Written note of your version prepared, with documents attached
- ID, address proof and surety details kept ready
- Travel plans flagged to your advocate
When to bring in an advocate
The earlier the better, ideally before you speak to the police at all. An advocate can read the FIR with you, tell you how serious the sections really are, write to the IO, and prepare an anticipatory bail application so it is ready if needed. What usually goes wrong without one is not the law but the sequence: the statement given too early, the call made to the complainant, the application filed in the wrong court.
If you want an advocate to read your FIR and tell you where you stand, the team of Advocate B.K. Singh at B.K. Singh & Associates can look at the papers and explain the options and the urgency. You can send the details through our online enquiry form.
Frequently asked questions
Can I be arrested immediately after an FIR is registered?
You can be, but it is not automatic. For offences punishable with up to seven years, the police are expected to issue a notice under Section 35 BNSS and arrest only for recorded reasons. For more serious offences, arrest can happen at any time, which is why anticipatory bail should be considered early.
How can I check if an FIR is registered against me in Delhi?
Search the Delhi Police website by district, police station and date, if you know roughly where the complaint was made. Sensitive FIRs are not uploaded, so absence online is not conclusive. An advocate can also make enquiries at the police station or apply to the court.
Is an FIR the same as being charged with a crime?
No. An FIR only records information and starts an investigation. Charges are framed by the court later, after a chargesheet is filed and the court finds enough material to proceed.
Can I get anticipatory bail after the FIR is registered?
Yes, an FIR is often the trigger for anticipatory bail under Section 482 BNSS. You apply to the Sessions Court of the district concerned, and if refused, to the Delhi High Court. You do not need to wait for a notice or a warrant.
What if the FIR against me is false?
Cooperate with the investigation, give your version with documents, and secure protection from arrest if needed. If the FIR discloses no offence or is plainly malicious, a quashing petition under Section 528 BNSS before the High Court is possible. A complaint for false charge can be considered later, once the FIR has been closed or quashed.
Do I have to go to the police station if the police call me?
You must respond to a proper written notice under Section 35 BNSS, and failing to appear can lead to arrest. A phone call or WhatsApp message is not valid service of that notice, but it is sensible to respond politely and ask for the notice in writing.
Can the complainant withdraw the FIR?
There is no simple withdrawal once an FIR is registered. In compoundable offences the parties can settle before the court, and in other cases the High Court can quash the FIR on a genuine settlement. The police can also file a closure report if the investigation finds no offence.
Will an FIR affect my job or passport?
An FIR alone does not cancel a passport, but once a court takes cognizance you usually need court permission for renewal or travel. Government servants generally must report criminal cases to their department. Private employers vary, so check your contract before disclosing.
How long does the police investigation take after an FIR?
There is no fixed limit if no one is arrested; investigations can take months. If an accused is in custody, the chargesheet must be filed within 60 or 90 days depending on the offence, failing which the accused can claim default bail.
Should I give a written statement to the police?
Often yes, but only after an advocate has read the FIR. A short written statement with documents, received by the police station, creates a record of your cooperation. Avoid long, emotional statements that attack the complainant.
Can I file a counter FIR against the complainant?
You can if the complainant has committed an offence against you, and cross-cases are common in fights and family disputes. Filed in haste, though, a counter-FIR can look retaliatory and make settlement harder, so discuss timing with your advocate first.
What if the FIR was filed in another state but I live in Delhi?
You may need transit anticipatory bail from a Delhi court to protect you until you approach the court where the FIR is registered. The main anticipatory bail application is then filed in that state. If it was a zero FIR, it will be transferred to the police station that has jurisdiction.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.