If an FIR has been registered against you in Delhi, do three things before anything else: get a certified copy of the FIR, say nothing to the police beyond identifying yourself, and take advice on anticipatory bail the same day. Almost every option in a criminal case is wider before arrest than after it, and the first two days decide how much room you have.
Hour one: find out what you are actually accused of
You cannot plan anything until you have read the FIR. It names the sections alleged, the police station investigating, and therefore which court complex your matter belongs to — Rohini, Tis Hazari, Saket, Dwarka or Karkardooma. Until you have it, any advice you receive is guesswork.
A copy can be obtained from the investigating police station, and for most Delhi districts from the Delhi Police portal. FIRs in certain sensitive categories are not published online, in which case the station or the court is the route.
Read the sections carefully. The difference between a bailable and a non-bailable offence changes the entire shape of the next week.
Hours one to six: what to say, and what not to
You are obliged to identify yourself. You are not obliged to narrate your version, hand over your phone, or sign a statement you have not read.
- Do not sign blank paper. This is the single most common avoidable mistake.
- Do not send explanatory messages to the complainant. They will be produced later.
- Do not delete anything from your phone. Deletion is recoverable and reads as consciousness of guilt.
- Write down your own chronology while it is fresh — dates, who was present, what was said.
Day one: the notice under Section 35 BNSS
A notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires you to attend and cooperate. It is not an arrest.
For offences carrying under seven years, the police are expected to issue such a notice rather than arrest, provided you comply. Attending as required is almost always the right course, and courts treat a record of cooperation favourably when bail is later considered. Attend with advice on what you are obliged to answer, and keep a record of every attendance.
Day one to two: anticipatory bail
Anticipatory bail under Section 482 BNSS is a direction that if you are arrested, you are to be released on bail. It does not stop the investigation and it is not a finding of innocence. What it removes is the leverage of custody while the case proceeds.
The application lies before the Court of Session and, independently, before the Delhi High Court. Interim protection is usually sought on the first date so the position holds while the application is heard. Where the allegation is essentially a civil or matrimonial dispute recast as a criminal one, that argument is at its strongest early, before a chargesheet hardens the narrative.
If an arrest has already happened
Certain protections apply immediately, and they are worth knowing precisely:
- You must be informed of the grounds of arrest — not merely the section, but why you.
- You must be produced before a Magistrate within 24 hours, excluding travel time. This is a constitutional guarantee under Article 22(2), not a courtesy.
- A relative or friend must be informed of the arrest and where you are being held.
- You are entitled to consult a lawyer. If you cannot afford one, the District Legal Services Authority provides one free.
- A medical examination on arrest is a protection, not a formality. Ask for it and make sure any injury is recorded.
The deadline nobody mentions
If the investigating agency does not file its chargesheet within 60 or 90 days — depending on the offence — you become entitled to default bail under Section 187 BNSS as an indefeasible right.
It is lost more often than it is used, because it must be claimed while it is available. If the chargesheet is filed before the application is moved, the right is gone. This is a calendar exercise as much as an advocacy one, and it is the most commonly missed opportunity in Delhi criminal practice.
Which court, and why it matters
Jurisdiction follows the police station investigating the FIR, not where you live. North-West Delhi matters go to Rohini, Central to Tis Hazari, South to Saket, South-West to Dwarka and East to Karkardooma. Bail after a refusal by the Sessions Court, quashing petitions under Section 528 BNSS, and criminal appeals go to the Delhi High Court.
Knowing the complex matters practically. Getting an urgent bail application moved the same day depends on someone who is already there and knows how that complex lists matters.
A note on the new criminal codes
Since 1 July 2024, the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam have replaced the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act. Matters registered before that date generally continue under the old codes, so Delhi courtrooms are running both systems side by side. Confirming which set governs your FIR is the first thing to establish, because the section numbers and some of the timelines differ.
What the first 48 hours should produce
By the end of the second day you should have: a certified copy of the FIR, a written chronology, a clear answer on whether the offence is bailable, a decision on anticipatory bail, and a record of any notice served or attendance made. That is a position from which a case can be defended. Arriving at the same point three months later, after a statement has been signed and a chargesheet filed, is a materially worse one.
Sources
- India Code: Section 35, Bharatiya Nagarik Suraksha Sanhita, 2023
- India Code: Section 47, Bharatiya Nagarik Suraksha Sanhita, 2023
- India Code: Section 58, Bharatiya Nagarik Suraksha Sanhita, 2023
- India Code: Section 187, Bharatiya Nagarik Suraksha Sanhita, 2023
- India Code: Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023
- India Code: Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023
- India Code: Section 531, Bharatiya Nagarik Suraksha Sanhita, 2023
- India Code: Article 22, Constitution of India
- Delhi Police: View FIR
- Delhi State Legal Services Authority: Official site
Blog › Criminal Law & Bail Guide
In this guide
- Hour one: find out what you are actually accused of
- Hours one to six: what to say, and what not to
- Day one: the notice under Section 35 BNSS
- Day one to two: anticipatory bail
- If an arrest has already happened
- The deadline nobody mentions
- Which court, and why it matters
- A note on the new criminal codes
- What the first 48 hours should produce
- Sources
How Advocate Kanisth Manuja handles these matters, step by step.
Advocate, Delhi High Court (Chamber S-307). He writes these guides to explain Delhi court procedure and current law in plain English. About him →
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This guide is general legal information about the law as it stands, not legal advice on any particular matter.
FIRs in Delhi — your questions answered
Common questions about the first days after an FIR, answered directly.
Should I go to the police station if they call me?
Yes, if you have been served a notice under Section 35 BNSS — but take advice first and attend with a lawyer's guidance on what you must answer.
Refusing to attend converts a manageable situation into grounds for arrest. Cooperation is recorded and helps later at the bail stage.
Can I get bail before I am arrested?
Yes. That is anticipatory bail under Section 482 BNSS.
It directs that if you are arrested, you are to be released on bail. It is sought before the Court of Session and, independently, before the Delhi High Court, usually with interim protection asked for on the first date.
How do I get a copy of the FIR?
From the investigating police station, or the Delhi Police portal for most districts.
FIRs in certain sensitive categories are not published online. In those cases the station or an application before the court is the route.
What if the police refuse to register my FIR?
Escalate in writing to the Deputy Commissioner of Police, and if that fails, move the Magistrate.
A Magistrate can direct registration and investigation. Keep proof of every written complaint and its receipt — that record is what the application rests on.
Is an FIR the same as being charged?
No. An FIR starts an investigation; charges are framed much later, by a court.
Between the two there is investigation, a chargesheet, and a hearing at which discharge can be argued if the material does not disclose the offence alleged.
How long can the police keep me in custody?
You must be produced before a Magistrate within 24 hours of arrest, excluding travel time.
That is a constitutional guarantee under Article 22(2). Any custody beyond that requires a judicial order, and remand is not automatic — it can be opposed.
What is default bail, and how do I not miss it?
If the chargesheet is not filed within 60 or 90 days depending on the offence, you are entitled to bail under Section 187 BNSS as a right.
It must be claimed while it is available. Once the chargesheet is filed, the right is gone — so the date is worth tracking from day one.
Can an FIR be cancelled if the matter is a private dispute?
It can be quashed by the Delhi High Court under Section 528 BNSS, particularly where the parties have genuinely settled.
This works most readily for matrimonial and commercial disputes that are private in character. Serious offences and offences against the State are far less readily quashed.
Do I need a lawyer at this stage, or can I wait?
At this stage. The options available before arrest are wider than the options after it.
A bail application moved at the right moment costs a fraction of an appeal against a conviction, and some protections — default bail in particular — simply expire if nobody is watching the calendar.
What should I bring to the first consultation?
The FIR or complaint, any notice or summons, any order already passed, and a dated chronology of events.
The chronology is the most useful item and the one most often missing. Dates of the alleged incident, the complaint, any attendance at the police station and any communication between the parties usually determine what can be argued.