Key points
- Get the FIR copy immediately; for most offences it is available online from the Delhi Police within 24 hours of registration.
- Do not contact the complainant or witnesses, and do not delete messages or documents.
- Arrest is not automatic. For offences punishable up to seven years, police must issue a notice under Section 35(3) BNSS before arresting in most cases.
Read the FIR properly
An FIR is the first information report recorded by the police under Section 173 of the BNSS. It sets out the complainant's version and the sections invoked. Read it with a lawyer to understand whether the offences are bailable or non-bailable, cognizable or not, and what the maximum punishment is. These three facts decide how the police can act and what remedies are available.
Protect yourself against arrest
For offences punishable with imprisonment up to seven years, the Supreme Court's decision in Arnesh Kumar v. State of Bihar (2014) and Section 35 of the BNSS require the police to issue a notice of appearance rather than arrest, unless specific reasons exist. If the offence is more serious, or the police are not following the procedure, an anticipatory bail application should be filed without delay.
Preserve, do not destroy
Keep every document, message, email and call record that bears on the allegations. Deleting material can itself become an offence and is easily inferred from phone records. Do not write to the complainant, and do not post about the case.
Cooperate on your lawyer's terms
Attend when called under a Section 35(3) notice, with counsel's advice on what to say. A written reply to the notice, placing your version on record early, is often the most valuable document in the case.
Consider quashing
Where the FIR does not disclose an offence, or the dispute is essentially civil, a petition under Section 528 BNSS to quash the FIR can be filed in the Delhi High Court at any stage.
Frequently asked questions
Can the police arrest me without a warrant?
For cognizable offences, yes, but the BNSS and Supreme Court guidelines require the police to record reasons and, for offences punishable up to seven years, to first issue a notice to appear unless arrest is genuinely necessary.
Should I give a statement to the police?
You must appear when lawfully summoned, but you are not obliged to incriminate yourself. Take legal advice before the appearance and consider filing a written reply.
Related practice area: Criminal Defence
This article is for general information and does not constitute legal advice. Laws, rules and limitation periods change and depend on the facts; please take advice on your own situation before acting. Reading this article does not create a lawyer-client relationship with Akhtars Legalitarian.