Criminal law plays a vital role in maintaining public order, protecting individuals and holding offenders accountable under the law. It defines criminal offences, prescribes punishments and establishes procedures for investigation, prosecution and trial.
For an ordinary citizen, a criminal case may begin with a police complaint, an FIR, an arrest or a court summons. Understanding the criminal justice process can help victims protect their rights and help accused persons make informed decisions about legal representation and available remedies.
India’s criminal law framework underwent a major change on 1 July 2024, when three new criminal laws came into force, subject to their respective commencement provisions. These are the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023.
This article explains the principal stages of criminal proceedings in India and the legal protections that may apply.
1. What Is Criminal Law?
Criminal law deals with conduct defined as an offence by legislation and the legal consequences that may follow.
It generally addresses three broad questions:
- What conduct constitutes a criminal offence?
- What punishment or other legal consequence may apply?
- What procedure must be followed to investigate, prosecute and adjudicate the alleged offence?
Criminal proceedings may involve the police, investigating agencies, prosecutors, criminal courts, forensic experts, witnesses, victims and accused persons.
Criminal law differs from civil law. Civil proceedings ordinarily determine private rights and remedies, while criminal proceedings concern alleged offences and their prosecution under applicable law. However, the same incident may sometimes give rise to both civil and criminal proceedings if the respective legal requirements are satisfied.
2. The Three New Criminal Laws in India
The three principal new criminal statutes are:
A. Bharatiya Nyaya Sanhita, 2023 (BNS)
The BNS primarily defines offences and their punishments. It replaced the Indian Penal Code, 1860, subject to the applicable repeal and saving provisions.
It deals with offences against persons, property and public order, as well as other criminal conduct covered by the statute.
B. Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
The BNSS governs criminal procedure. It replaced the Code of Criminal Procedure, 1973, subject to the applicable transitional and saving provisions.
Its subject matter includes the criminal justice process relating to complaints, FIRs, investigation, arrest, bail, court proceedings, trial and appeals.
C. Bharatiya Sakshya Adhiniyam, 2023 (BSA)
The BSA governs general rules and principles of evidence in proceedings within its scope. It replaced the Indian Evidence Act, 1872, subject to the applicable transitional and saving provisions.
It addresses matters such as relevancy of facts, documentary evidence, oral evidence, electronic and digital records, presumptions and proof.
Important: The date of the alleged offence and the date on which proceedings were instituted may affect which statutory provisions apply. The repeal of earlier legislation does not mean that every pending case automatically shifts to the new laws. The relevant commencement, repeal, saving and transitional provisions must be examined.
3. What Is an FIR?
FIR stands for First Information Report. In general terms, it refers to the recording of information by the police concerning a cognizable offence in accordance with the applicable criminal procedure law.
A cognizable offence is one for which the police have the powers specified by law to investigate and, subject to statutory conditions, arrest without a warrant.
The procedure for recording information relating to cognizable offences is addressed in Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
An FIR is an important document because it records the initial information received by the police. However, it is not, by itself, proof that the allegations are true or that the accused is guilty.
How to Get an FIR Registered
A person seeking registration of an FIR should provide the police with clear and accurate information, including:
- The date, time and place of the incident, where known.
- The facts describing the alleged offence.
- The identities or descriptions of the persons involved, where known.
- Details of witnesses, if any.
- Relevant documents, photographs, messages or other available material.
- Information about any immediate threat or urgent safety concern.
The complainant should preserve a copy of the complaint and any acknowledgement or reference number.
The precise procedure may differ depending on the type of offence, the circumstances and the applicable statutory provisions.
What If the Police Refuse to Register an FIR?
Where information concerning a cognizable offence is not recorded, the BNSS provides a statutory escalation mechanism.
Section 173(4) provides for approaching the Superintendent of Police in the circumstances specified by the provision. Further recourse before the competent Magistrate may be available under Section 175(3), subject to the statutory requirements and applicable procedure.
The appropriate route depends on the facts and the nature of the police response. A complainant should maintain copies of the original complaint, proof of delivery and subsequent communications.
For offences governed by special legislation, additional procedures may apply.
4. What Is the Difference Between a Cognizable and a Non-Cognizable Offence?
The distinction affects police powers and the procedure for investigation.
Cognizable offences: The police may exercise the investigation and arrest powers permitted by law without first obtaining a warrant, subject to the statutory conditions.
Non-cognizable offences: The police ordinarily cannot investigate without the order of the competent Magistrate as prescribed by law, and arrest without a warrant is subject to the applicable legal restrictions.
The classification of an offence must be determined from the relevant statute and its schedules or other applicable provisions. The seriousness of an allegation alone does not determine its legal classification.
5. Can the Police Arrest a Person Without a Warrant?
The police may arrest without a warrant in circumstances authorised by law. However, arrest is not automatic merely because a complaint or FIR has been registered.
Section 35 of the BNSS governs specified circumstances in which police may arrest without a warrant and includes requirements relevant to the exercise of that power.
The legal position depends on the alleged offence, the statutory conditions, the available information and the circumstances of the case.
Important Rights and Safeguards
Depending on the circumstances and applicable law, safeguards concerning arrest include:
- Being informed of the grounds of arrest.
- Access to legal assistance in accordance with law.
- Informing a relative, friend or nominated person about the arrest as required by law.
- Protection against unlawful detention.
- Production before the competent Magistrate within the constitutionally and statutorily prescribed period, subject to applicable provisions.
- Medical examination and other safeguards where required by law.
Article 22 of the Constitution of India provides important constitutional safeguards concerning arrest and detention, subject to its terms and exceptions.
An arrested person or their family should promptly obtain legal advice if the arrest appears unlawful or if the person is not being produced before the appropriate court in accordance with law.
6. What Is Bail in Criminal Law?
Bail is a legal mechanism through which an accused person may be released from custody subject to the applicable law and any conditions imposed by the competent authority or court.
The availability of bail depends on the classification of the offence, the stage of proceedings, the statutory provisions, the facts of the case and relevant judicial principles.
The BNSS contains provisions governing bail and related matters. Special statutes may prescribe additional or more restrictive conditions.
A. Bail in Bailable Offences
In a bailable offence, the statutory framework generally provides an entitlement to bail when the applicable requirements are met.
The person must still comply with the prescribed procedure and any legally applicable conditions.
B. Bail in Non-Bailable Offences
In a non-bailable offence, bail is not an automatic entitlement in the same way. The competent court or authority considers the relevant statutory provisions and circumstances.
Factors may include the nature and gravity of the allegations, the material available, the risk of absconding, the possibility of influencing witnesses or tampering with evidence, and other legally relevant considerations.
The outcome depends on the facts and the governing law.
C. Anticipatory Bail
Anticipatory bail is relief sought by a person who has reason to believe that they may be arrested on an accusation of committing a non-bailable offence.
Section 482 of the BNSS governs anticipatory bail, subject to the provision’s terms and applicable exclusions.
The application is ordinarily made before the competent Court of Session or High Court. The applicant must satisfy the relevant legal requirements, and the court may impose conditions.
Anticipatory bail should not be confused with regular bail, which concerns release after arrest or custody in the circumstances covered by the applicable law.
D. Default Bail
Default bail may arise when the investigation is not completed and the police report is not filed within the statutory period prescribed for the relevant case, subject to the legal requirements.
Section 187 of the BNSS addresses detention during investigation and the applicable statutory periods.
The relevant period depends on the offence and statutory framework. The right, where it accrues, must be assessed in light of the procedural position, including whether the accused is prepared to furnish bail as required by law.
A person should obtain prompt legal advice because timing and procedural compliance may be decisive.
7. What Happens During a Criminal Investigation?
After information concerning an alleged offence is recorded, the investigating agency may undertake steps permitted by law.
Depending on the case, these may include:
- Visiting and examining the scene of the alleged offence.
- Recording statements of witnesses.
- Collecting physical, documentary and electronic evidence.
- Conducting searches or seizures where legally authorised.
- Obtaining forensic reports or expert opinions.
- Examining relevant CCTV footage, messages, financial records or other digital material.
- Identifying and questioning persons connected with the alleged offence.
- Arresting a person where the statutory requirements are satisfied.
- Submitting the appropriate police report to the competent court.
The investigation must comply with the governing statute and applicable constitutional safeguards.
The registration of an FIR does not establish guilt. The evidence must be evaluated through the legally prescribed process.
8. What Is a Charge Sheet or Police Report?
After investigation, the police submit a report to the competent Magistrate in accordance with the applicable procedure.
The police report may set out the material collected during investigation, the persons involved, the offences alleged and other information required by law.
The BNSS contains provisions governing the completion of investigation and submission of police reports, including Section 193.
The submission of a charge sheet does not mean that the accused has been convicted. The court must consider the material and follow the appropriate procedure before deciding whether the case should proceed to trial and, ultimately, whether guilt has been established.
Depending on the case, further investigation may be legally permissible.
9. What Happens After the Police Report Is Filed?
The next stage depends on the nature of the offence, the court’s jurisdiction and the applicable procedural framework.
Broadly, the court may consider matters such as:
- Taking cognizance where legally appropriate.
- Supplying copies of relevant documents to the accused as required.
- Committing the case to the Court of Session where the law requires it.
- Hearing submissions concerning discharge or the framing of charges.
- Framing charges where the applicable legal test is met.
- Fixing the matter for prosecution evidence.
The sequence and terminology can vary according to the type of case and the governing statute.
Not every criminal case follows an identical trial procedure.
10. What Are the Main Stages of a Criminal Trial?
A criminal trial is conducted according to the applicable procedural law and the category of offence.
The principal stages in a case involving a regular trial may include the following.
A. Consideration of the Case and Framing of Charges
The court considers the material and applies the relevant statutory test to determine whether the case should proceed and whether charges should be framed.
The standard and procedure differ according to the nature of the trial and the applicable provisions.
B. Prosecution Evidence
The prosecution presents evidence in support of the charges.
Witnesses may be examined and cross-examined, and documents or other admissible material may be proved in accordance with law.
C. Examination of the Accused
The court may examine the accused concerning circumstances appearing in the evidence, as provided by the applicable procedural law.
This stage is not a substitute for the prosecution’s obligation to establish the case under the relevant legal standard.
D. Defence Evidence
Where the law and circumstances permit, the accused may present a defence and lead evidence in accordance with the applicable procedure.
The defence may challenge the prosecution’s evidence, rely on material supporting its case and advance legal submissions.
E. Final Arguments
The prosecution and defence present their submissions concerning the evidence, legal requirements and issues that arise for decision.
F. Judgment
The court evaluates the admissible evidence and applicable law before delivering judgment.
The outcome may be acquittal or conviction, depending on whether the prosecution has established the charge under the applicable standard of proof and whether the legal requirements are satisfied.
11. What Is the Role of Evidence in a Criminal Case?
Evidence is central to criminal adjudication.
The Bharatiya Sakshya Adhiniyam, 2023 governs the general principles of evidence within its scope, subject to the applicable provisions and exceptions.
Evidence may include:
- Oral testimony.
- Documentary records.
- Electronic and digital records.
- Medical and forensic evidence.
- Expert opinions.
- Circumstantial evidence.
- Legally admissible admissions or other relevant statements.
The court assesses the relevance, admissibility, reliability and probative value of the material.
The existence of an FIR or an allegation is not sufficient, by itself, to establish guilt. The prosecution must prove the charge in accordance with the applicable legal standard.
The admissibility and proof of electronic records must be examined under the governing evidentiary provisions rather than assumed merely because a screenshot or digital file has been produced.
12. What Is the Difference Between Acquittal and Discharge?
Discharge and acquittal are different legal outcomes that arise at different stages and under different procedural circumstances.
Discharge: In applicable cases, the court may discharge an accused before the trial proceeds to the stage of determining guilt, where the relevant statutory requirements are satisfied.
Acquittal: Acquittal is an outcome in which the accused is found not guilty under the applicable legal framework. It may follow a trial or arise through another procedure recognised by law.
The legal test and procedure depend on the type of case. Neither outcome should be treated as interchangeable with the other.
13. Can a Criminal Court Grant Compensation to a Victim?
Depending on the governing law and the circumstances, a victim may have access to compensation or other forms of relief.
The BNSS contains provisions concerning compensation and victim-related matters. State victim compensation schemes and special statutes may also be relevant.
The availability, procedure and amount of compensation depend on the applicable legal framework, the nature of the harm and the circumstances of the case.
A victim may also have separate civil remedies where the legal requirements are satisfied. The relationship between criminal proceedings and any civil claim should be assessed carefully.
14. What Can a Person Do if They Are Aggrieved by a Criminal Court’s Order?
The appropriate remedy depends on the nature of the order, the court that passed it and the governing law.
Possible remedies may include:
- Appeal: Available where the law permits an appeal against the relevant judgment or order.
- Revision: A limited supervisory remedy available in the circumstances recognised by law; it is not a substitute for an appeal.
- Bail application: A person in custody may seek bail where the applicable statutory requirements permit it.
- Quashing petition: In appropriate cases, the High Court may be approached to challenge criminal proceedings under its inherent or constitutional jurisdiction, subject to the relevant legal standards.
- Other statutory remedies: Special legislation may prescribe a distinct procedure or forum.
The BNSS contains provisions governing appeals and revision, while the High Court’s inherent powers are addressed by Section 528, subject to its scope and applicable judicial principles.
A party should verify maintainability, limitation, the correct forum and any requirement to seek interim protection before initiating proceedings.
15. Common Mistakes to Avoid in Criminal Cases
Mistakes made at an early stage can affect the handling of a criminal matter.
Common errors include:
- Giving inaccurate or inconsistent information to the police.
- Failing to preserve relevant documents or digital records.
- Ignoring a notice, summons or court order.
- Assuming that an FIR proves guilt.
- Assuming that every arrest requires a warrant.
- Assuming that every offence is bailable.
- Delaying legal advice after arrest or when arrest is reasonably apprehended.
- Sharing sensitive case material publicly without considering legal consequences.
- Altering, deleting or fabricating potential evidence.
- Missing the limitation period or procedural deadline for an available remedy.
- Assuming that the same criminal law provisions apply regardless of the date of the alleged offence.
- Relying on outdated section numbers without checking the applicable statute.
A careful review of the facts, documents and governing law is essential before taking legal action.
Conclusion
Criminal law in India establishes the framework for defining offences, investigating allegations, protecting individual rights and adjudicating criminal charges.
The Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 form the core of the new criminal law framework introduced from 1 July 2024, subject to their respective provisions and transitional rules.
Understanding FIR registration, arrest, bail, investigation, trial and appellate remedies can help individuals navigate the criminal justice system more effectively. Each case must nevertheless be assessed on its own facts, the relevant statutory provisions and applicable judicial precedents.
Disclaimer: This article is for general legal education and information only. It is not legal advice for any particular case. Criminal proceedings may involve urgent deadlines and serious consequences. The applicable statutory provisions, transitional rules, special legislation and current court decisions should be verified before action is taken.
Official Legal References
- Bharatiya Nyaya Sanhita, 2023: https://www.indiacode.nic.in/indiacode/handle/123456789/20062
- Bharatiya Nagarik Suraksha Sanhita, 2023: https://www.indiacode.nic.in/indiacode/handle/123456789/20099
- Bharatiya Sakshya Adhiniyam, 2023: https://www.indiacode.nic.in/indiacode/handle/123456789/20063
- Ministry of Home Affairs — New Criminal Laws: https://www.mha.gov.in/en/commoncontent/new-criminal-laws
For cases governed by earlier legislation or special statutes, consult the applicable repeal, saving, transitional and special-law provisions before relying on a section number or procedural rule.
