You've received an FIR or a police notice
A criminal complaint or police summons naming you or your company. Stay calm, say little, and know your rights.
An FIR (First Information Report) is the police's record of a cognizable offence under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — the law that replaced the CrPC from 1 July 2024. A 'notice to appear' asks you to join the investigation. Being named in an FIR is NOT a conviction — you are presumed innocent until a court decides otherwise.
First, the immediate do's and don'ts
✅ Do
- Stay calm and be respectful — never run, hide, or argue with police.
- Get a copy of the FIR — it is your right, and most states publish FIRs free online.
- Write down every date, officer name, police station, and section mentioned.
- Preserve all evidence in your favour — messages, emails, CCTV, invoices, contracts.
- Speak to a criminal lawyer BEFORE giving any statement.
🚫 Don't
- Do NOT sign any blank or pre-written page.
- Do NOT give a written or recorded statement without legal advice — you have the right against self-incrimination.
- Do NOT destroy, hide, or alter anything — that is a separate offence.
- Do NOT pay any informal 'settlement' to anyone.
- Do NOT ignore a notice to appear — non-appearance can lead to arrest.
Step by step
Identify the offence
Find the sections cited and whether they are bailable or non-bailable. A lawyer can tell you the risk level in minutes.
Obtain the FIR copy
Under BNSS s.173 the informant gets a free copy, and an accused can obtain it. Many states publish FIRs on the police/CCTNS portal.
Assess arrest risk and bail
If the offence is non-bailable and arrest is feared, consider anticipatory bail (BNSS s.482, formerly CrPC s.438) BEFORE any arrest happens.
Respond to notices correctly
A notice to appear (BNSS s.35) must be complied with — your lawyer can accompany you to the police station.
Build your defence
Gather documents and witnesses. Your lawyer prepares your statement and represents you through the investigation and any trial.
Your rights & obligations
- You must be told the grounds of arrest and may inform a relative or friend.BNSS, 2023 & Article 22, Constitution; D.K. Basu guidelines
- You cannot be detained more than 24 hours without being produced before a magistrate.BNSS, 2023 & Article 22(2)
- You have the right to a lawyer of your choice — and to free legal aid if you can't afford one.Article 39A; Legal Services Authorities Act, 1987
- You cannot be forced to be a witness against yourself.Article 20(3), Constitution
- A woman is generally questioned only at her residence and not between sunset and sunrise.BNSS, 2023 (formerly CrPC s.160)
Key deadlines
- Apply for anticipatory bail (if arrest feared)⏱ As early as possible — before arrest
- Comply with a notice to appear⏱ By the date on the notice
🚨 When to call a lawyer immediately
- The offence is non-bailable (e.g. serious cheating, criminal breach of trust).
- You fear imminent arrest.
- Police ask you to sign something or give a statement.
- A court summons has been received.
Need to speak to a lawyer?
We're building a network of verified advocates you can reach 24/7. For now, contact a local advocate or free legal aid (NALSA helpline 15100).
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