What the law says
Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the registration of first information in a cognizable case. It expressly allows information to be given electronically and to be registered irrespective of where the offence was committed, which is what is commonly called a zero FIR. Where the police decline to register, the section provides for a complaint to the Superintendent of Police, and a Magistrate may direct an investigation.
On arrest, the Constitution and the statute both apply. Article 22 requires that the grounds of arrest be communicated and that the person be produced before a Magistrate within twenty four hours, and the Sanhita carries the same requirement. The directions of the Supreme Court in D.K. Basu v. State of West Bengal (1997) on arrest memos, intimation to a relative and medical examination continue to apply, as do the directions in Arnesh Kumar v. State of Bihar (2014) restraining automatic arrest in offences punishable with imprisonment of less than seven years.
Bail is dealt with in the chapter on provisions as to bail and bonds. Release is a matter of right in a bailable offence and discretionary in a non bailable offence, and the Court of Session and the High Court have a wider power to grant bail and to vary conditions. Anticipatory bail, that is a direction for release in the event of arrest, is available from the Court of Session or the High Court. There is also default bail where the investigation is not completed within the prescribed period, sixty or ninety days according to the gravity of the offence.
VERIFY WITH ADVOCATE — the exact section numbers under the Bharatiya Nagarik Suraksha Sanhita, 2023 for bail in bailable and non bailable offences, anticipatory bail, the powers of the Court of Session and the High Court, and default bail, before this page is published.
How a case runs
After investigation the police file a final report. If it is a charge sheet, the Magistrate takes cognizance and the accused is furnished with copies of the documents relied on. The Sanhita fixes timelines at several stages that did not exist under the old Code, including for the framing of charge and for the pronouncement of judgment.
Charges are then framed, or the accused is discharged if the material does not disclose a case. The trial follows: prosecution evidence, the examination of the accused on the incriminating circumstances, defence evidence if any is led, arguments, and judgment. Summons cases and warrant cases follow different procedures, and the more serious offences are committed to the Court of Session.
An FIR can in a proper case be brought to an end before trial. The High Court retains an inherent power to quash proceedings to prevent abuse of the process of court, and the categories in which that power is exercised were set out in State of Haryana v. Bhajan Lal (1992). Compoundable offences can be settled between the parties in the manner the statute allows.
What to bring to the first meeting
Tick these off as you gather them. The list stays ticked on this device, and the page prints cleanly if you would rather carry it on paper.
Where these matters are heard
Most offences are tried by the Judicial First Class Magistrate having jurisdiction over the place of the offence. The more serious offences are committed to and tried by the Court of Session. Anticipatory bail and quashing are moved before the Court of Session or the High Court of Kerala at Ernakulam, according to the relief sought.
VERIFY WITH ADVOCATE — the Judicial First Class Magistrate courts and the Sessions Court serving Thiruvananthapuram, Neyyattinkara, Nedumangad and Kattakada, and their current numbering.
Common questions
The police have asked me to come to the station. Do I have to go?+
A notice requiring attendance during an investigation must be complied with, and the Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward the procedure under which a person is required to attend and is not to be arrested where there is compliance, in line with the directions in Arnesh Kumar v. State of Bihar (2014). What is said at the station matters, so it is worth taking advice before attending rather than after.
What is anticipatory bail and when can it be sought?+
It is a direction that in the event of arrest on an accusation of a non bailable offence the person shall be released on bail. It is sought from the Court of Session or the High Court, and it can be moved once there is reason to believe an arrest may follow, without waiting for the arrest itself. Conditions are ordinarily imposed, such as cooperation with the investigation and not leaving the country without permission.
Can an FIR be cancelled if the parties settle?+
Some offences are compoundable and can be settled in the manner the statute provides. For others, the High Court may quash proceedings in exercise of its inherent power where the dispute is essentially private and the settlement is genuine, following Gian Singh v. State of Punjab (2012). Offences that are serious or that affect the public at large are ordinarily not quashed on a settlement.
What is default bail?+
If the investigating agency does not complete the investigation and file the final report within the period the statute allows, sixty or ninety days depending on the punishment prescribed, the accused becomes entitled to be released on bail. The right has to be claimed while it subsists, because it is lost once the final report is filed.