Registration of a First Information Report (FIR) marks the formal commencement of criminal proceedings, but it does not automatically result in arrest.
In Delhi, all post-FIR procedures are now governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), read with binding Supreme Court precedents safeguarding personal liberty under Article 21 of the Constitution.
For citizens unfamiliar with the process, it is important to understand how to file an FIR in Delhi under BNSS 2023, as procedural lapses at this stage often affect subsequent investigation and bail rights.
This article explains the legal consequences after FIR registration, the police’s powers, the accused’s rights, arrest safeguards, and the bail framework under BNSS 2023.
Statutory Framework Governing Post-FIR Procedure (BNSS 2023)
| Subject | CrPC | BNSS 2023 |
| FIR Registration | Section 154 | Section 173 |
| Police Investigation | Section 156 | Section 176 |
| Notice of Appearance | Section 41A | Section 35 |
| Arrest Without Warrant | Sections 41–43 | Sections 35–40 |
| Remand | Section 167 | Section 187 |
| Chargesheet | Section 173 | Section 193 |
| Magistrate Supervision | Section 156(3) | Section 175(3) |
Step 1: Police Investigation After FIR
Once an FIR is registered under Section 173 BNSS, police may lawfully commence investigation under Section 176 BNSS, which includes:
- Visiting the scene of offence
- Recording witness statements
- Collecting documentary, electronic, and forensic evidence
- Conducting searches and seizures
- Summoning suspects for inquiry
Legal Limit: Investigation must remain fair and non-arbitrary. Related Case: State of Haryana v. Bhajan Lal (1992) – Investigative powers cannot be abused.
Step 2: Is an arrest automatic after an FIR?
No. FIR registration alone does not justify arrest. Under Sections 35–40 BNSS, arrest without warrant is permissible only when it is necessary, such as to:
- Prevent further offence
- Ensure proper investigation
- Prevent evidence tampering
- Secure the accused’s presence before court
Related Case: Arnesh Kumar v. State of Bihar (2014) – Arrest must be justified and reasons recorded. Joginder Kumar v. State of UP (1994) – Arrest cannot be routine or mechanical.
Step 3: Notice of Appearance Instead of Arrest (Section 35 BNSS)
Where an arrest is not required, police must issue a Notice of Appearance under Section 35 BNSS. The accused is legally bound to cooperate and appear before the Investigating Officer.
Related Case: Arnesh Kumar v. State of Bihar (2014) – Arrest without issuing notice violates personal liberty.
Step 4: Rights of an Accused After FIR (Section 38 BNSS)
An accused has enforceable statutory and constitutional rights, including:
- Right to legal counsel
- Protection against illegal arrest
- Right to be informed of the grounds of arrest
- Right to medical examination
- Right to be produced before a Magistrate within 24 hours
- Right to bail where applicable
Related Case: D.K. Basu v. State of West Bengal (1997) – Arrest safeguards are mandatory.
Step 5: Police Custody and Judicial Custody
If arrested, the accused must be produced before a Magistrate within 24 hours under Section 187 BNSS.
The Magistrate may authorize:
- Police custody (for interrogation), or Judicial custody (jail)
Related Case: CBI v. Anupam J. Kulkarni (1992) – Police custody limited to the first 15 days only.
Step 6: Filing of Chargesheet and Default Bail
Under Section 193 BNSS, a charge sheet must be filed within:
- 60 days – offences punishable up to 10 years
- 90 days – offences punishable with life imprisonment or death
Failure grants the accused an indefeasible right to get default bail. Related Case: Sanjay Dutt v. State (1994) – Default bail is a statutory right.
Step 7: Bail After FIR
Bailable Offences: Bail is a matter of right.
Non-Bailable Offences: Bail depends on:
- Nature and gravity of offence
- Role of accused
- Custodial necessity
- Criminal antecedents
- Parity with co-accused
- Stage of investigation
Related Case: Sanjay Chandra v. CBI (2012) – Bail is the rule, jail the exception. Satender Kumar Antil v. CBI (2021) – Arrest and bail must follow proportionality.
Step 8: Anticipatory Bail After FIR
Where an arrest is apprehended, the accused may seek anticipatory bail (Section 482 of BNSS, equivalent of Section 438 CrPC).
Related Case: Gurbaksh Singh Sibbia v. State of Punjab (1980) – Anticipatory bail protects personal liberty.
In practice, an accused must prepare documents and grounds carefully before approaching the court, and a detailed anticipatory bail checklist for Delhi courts can significantly improve the chances of protection from arrest.
Step 9: Remedies Against False or Malicious FIR
Legal remedies include:
- FIR quashing before High Court – Section 528 BNSS
- Anticipatory or regular bail – Section 482 BNSS
- Discharge Application – Section 250 BNSS
- Counter-Complaint – Section 248 BNS, is used to file a case against the complainant for making false charges.
- Writ Petition – Article 226 of the Constitution is used if the police are acting unlawfully.
Related Case: Bhajan Lal (1992) – Enumerates grounds for FIR quashing.
Role of Advocate After FIR Registration
After FIR registration, the advocate’s role is strategically decisive. The advocate evaluates the legality and sustainability of the FIR, advises on arrest exposure, and immediately invokes statutory and constitutional safeguards to prevent illegal detention.
Where an arrest is apprehended, anticipatory bail is pursued on appropriate legal grounds. The advocate monitors investigations to ensure compliance with BNSS and Supreme Court guidelines, challenges procedural violations, represents the accused during remand proceedings, and opposes unnecessary custodial interrogation.
In cases of abuse of process, the advocate initiates quashing proceedings before the High Court. Timely legal intervention at this stage significantly impacts the outcome of the case and protects personal liberty.
FAQs:
Q1. Does the Delhi Police have the power to arrest immediately after an FIR?
No. Under Sections 41–43 BNSS, arrest is not automatic after FIR registration. Delhi Police must record the reasons of necessity before arrest. Mechanical arrests violate Article 21. Related Case: Arnesh Kumar v. State of Bihar (2014) applies strictly to the Delhi Police.
Q2. Is Notice of Appearance mandatory in Delhi after FIR?
Yes. Where an arrest is not required, Delhi Police must issue a Notice of Appearance under Section 35 BNSS. Failure to do so can be a valid ground for bail or judicial intervention. This safeguard is routinely enforced by Delhi courts.
Q3. Can an accused get anticipatory bail in Delhi immediately after FIR?
Yes. If there is a reasonable apprehension of arrest, anticipatory bail can be filed immediately before the Sessions Court or High Court. Related Case: Gurbaksh Singh Sibbia (1980) governs anticipatory bail jurisprudence.
Q4. How long can Delhi Police keep an accused in police custody?
Police custody is strictly limited to the first 15 days from the date of arrest. Thereafter, only judicial custody can be granted. Related Case: CBI v. Anupam J. Kulkarni (1992).
Q5. What if Delhi Police delays filing the chargesheet?
If the chargesheet is not filed within 60 or 90 days (Section 193 BNSS), the accused acquires an indefeasible right to default bail. Related Case: Sanjay Dutt v. State (1994).
Q6. Can a false FIR be quashed in Delhi?
Yes. A false, malicious, or legally unsustainable FIR can be quashed by the Delhi High Court under its inherent and constitutional jurisdiction. Related Case: State of Haryana v. Bhajan Lal (1992) lays down clear quashing grounds.
Local Delhi Practice: How FIRs Are Practically Handled in Delhi
FIR Registration in Delhi Police Stations
In Delhi, FIRs are registered across local police stations, district crime units, and special cells. Post-registration, investigation is monitored not only internally but also through Magisterial supervision under Section 176(3) BNSS, especially in sensitive or serious offences.
Arrest & Remand Practice in Delhi Courts
- Tis Hazari, Saket, Karkardooma, Patiala House, Rohini, and Dwarka Courts strictly scrutinize arrest necessity.
- Magistrates routinely demand written reasons for arrest, compliance with Section 35 BNSS, and Arnesh Kumar guidelines.
- Mechanical remand requests are increasingly being rejected.
Bail Trends in Delhi
- Delhi courts emphasize custodial necessity, not the seriousness of allegations alone.
- In economic offences and matrimonial FIRs, notice-based investigation is preferred.
- Parity and proportionality (per Satender Kumar Antil) play a decisive role.
Role of Advocate in Delhi-Specific Practice
In Delhi, early legal intervention is crucial due to: Multiple investigating units (local police, crime branch, cyber cell), Strict remand scrutiny by Magistrates, Fast-track anticipatory bail hearings in Sessions Courts, Active High Court oversight in misuse-of-FIR cases.
An experienced advocate ensures: Protection from illegal arrest, Proper compliance with BNSS timelines, Effective opposition to unnecessary police custody, Swift recourse before Delhi High Court where required.
Under BNSS 2023, FIR registration initiates a legally regulated process, not automatic arrest. Personal liberty remains constitutionally protected through statutory safeguards, judicial oversight, bail jurisprudence, and strict investigation timelines. Effective legal representation at the post-FIR stage is critical to prevent misuse of police power and ensure fair administration of criminal justice.
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