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NYAY GHAR

Criminal Law

Support for complainants, victims and accused at every stage of a case.

Key Dates and Numbers

24 hours
Production before a Magistrate
An arrested person must be produced within 24 hours, excluding journey time (Section 58 BNSS).
3 days
Signing an e-FIR
Information given electronically must be signed by the informant within 3 days.
60 or 90 days
Default bail
Bail may become available if the chargesheet is not filed in this time, depending on the offence (Section 187 BNSS).

Overview

Criminal law deals with offences such as theft, assault, cheating, harassment and threats. Since 1 July 2024, the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) have replaced the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act.

What This Area Covers

The kinds of matter people most often bring to us in this area.

  • FIRs and Police Complaints

    Reporting an offence, zero FIRs, e-FIRs and what to do if the police refuse to register your information.

  • Arrest and Custody

    The rights of an arrested person, including being told the grounds of arrest and having a relative or friend informed.

  • Bail and Anticipatory Bail

    How bail works for bailable and non-bailable offences, and when to approach a Sessions Court or High Court.

  • Support for Victims

    A free copy of the FIR, free legal aid for those eligible, and how to keep track of the case.

  • Cheque Bounce Complaints

    Complaints under Section 138 of the Negotiable Instruments Act, which run on strict deadlines.

  • Notices, Summons and Trial

    Responding to a police notice or court summons, and understanding each stage up to judgment and appeal.

When You Might Need Help

If any of these sounds familiar, it may help to get guidance early.

  • You want to report an offence and need to file an FIR
  • The police are refusing to register your complaint
  • A family member has been arrested, or you fear arrest
  • You need to apply for bail or anticipatory bail

How a Matter Usually Moves

This is the usual order of events. Your matter may differ, depending on its facts and your state.

  1. 1

    Information to the Police

  2. 2

    Investigation

  3. 3

    Arrest and Bail, Where They Arise

  4. 4

    Police Report

  5. 5

    Charges, Trial and Judgment

How NYAY GHAR Helps

What you can expect from our team once you share your concern.

  • Understanding the Situation

    We review what happened and explain which legal process is likely to apply.

  • Knowing Your Rights

    We explain the rights of complainants, victims and arrested persons, including on arrest, bail and free legal aid.

  • Organising Facts and Documents

    We help you put together the timeline and papers that the police or an advocate will need.

  • Connecting with an Advocate

    Where representation is needed, we connect you with an advocate experienced in criminal matters.

Documents to Keep Ready

You do not need all of these. Share what you have.

  • Copy of the FIR or written complaint, and any acknowledgement received
  • Arrest memo, police notice or court summons
  • Medical report and photographs, if anyone was injured
  • Messages, call records, emails or videos, kept in their original form

Mistakes to Avoid

Small slips that can make a matter harder later on.

  • Signing a statement or paper you have not read or understood
  • Deleting messages, call records or videos, or editing them before sharing
  • Contacting or pressuring the other side or any witness
  • Waiting to seek advice after receiving a notice or fearing arrest

Laws That Usually Apply

The main laws behind this area, in plain language.

  • Bharatiya Nyaya Sanhita, 2023 (BNS)

  • Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

  • Bharatiya Sakshya Adhiniyam, 2023 (BSA)

Common Questions

Every situation is different. These pages explain the area in general terms; your matter will be reviewed on its own facts.

Can I file an FIR at any police station?

Yes. Under the zero FIR provision, the police must register information about a cognizable offence even if it happened outside their area, and then transfer it to the police station concerned.

What can I do if the police refuse to register my FIR?

You can send the substance of the information in writing to the Superintendent of Police. If that does not work, you can apply to the Magistrate under Section 175(3) BNSS (old Section 156(3) CrPC).

What is the difference between bail and anticipatory bail?

Bail is release from custody after arrest. Anticipatory bail, granted by a Sessions Court or High Court under Section 482 BNSS, is a direction that you be released on bail if you are arrested.

Will I get a copy of the FIR?

Yes. The informant or victim is entitled to a copy of the FIR free of cost.

Not Sure Where to Begin? Start by Telling Us What Happened.

Share your concern in your own words. Our team will read it and get back to you.

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Before You Continue

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  • You are visiting this website of your own accord to learn about NYAY GHAR, with no advertisement, solicitation or inducement from us or our members.
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