miscellaneous

Everything You Should Know Before Filing an FIR in India (2025 Update)

FIR
27
Oct

Something’s happened. You’ve been robbed, assaulted, cheated, or witnessed a crime. Your first instinct is to file an FIR. But wait. Do you know what an FIR actually does? When you must file one versus when you shouldn’t? What happens after you file? Most people don’t, and that lack of knowledge can seriously affect how your case proceeds.

Filing an FIR isn’t just about reporting a crime. It’s the formal trigger that sets the entire criminal justice machinery in motion. With India’s new criminal laws coming into effect in 2024, replacing the old IPC and CrPC with the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), the landscape has shifted. Understanding these changes can make the difference between justice served and justice delayed.

What Exactly Is an FIR?

First Information Report. That’s what FIR stands for. It’s the written document prepared by police when they receive information about a cognizable offense. Cognizable means the police can arrest without a warrant and start investigating without a magistrate’s permission.

Under the old Criminal Procedure Code (CrPC), this was covered under Section 154. Now, under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), it’s Section 173. The basic concept remains the same, but there are important updates.

The FIR is crucial because it’s the first official record of the crime. Courts have repeatedly held that prompt FIR filing strengthens a case’s credibility. Delayed FIRs invite questions. Why did you wait? Were facts fabricated later? The prosecution has to explain delays, and those explanations better be convincing.

Cognizable vs Non-Cognizable Offenses: Know the Difference

Not every wrong requires an FIR. This confuses people constantly.

Cognizable offenses are serious crimes where police can take immediate action. Murder, rape, kidnapping, theft, robbery, assault causing grievous hurt. These are listed in the First Schedule of the BNSS (previously in the CrPC). For these, you file an FIR, and police must investigate.

Non-cognizable offenses are less serious. Assault without grievous injury, defamation, public nuisance. For these, you file a complaint, not an FIR. The police can’t investigate without a magistrate’s order. You go to the magistrate, who decides if there’s merit, then directs police to investigate.

The Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code (IPC), retains most offense classifications but renumbers them. What was Section 302 IPC (murder) is now Section 103 BNS. What was Section 420 IPC (cheating) is now Section 318 BNS. The cognizable nature of offenses largely remains unchanged, but always verify the current classification.

When Should You File an FIR?

File immediately for cognizable offenses. Don’t wait. Don’t think about it. Don’t try to “sort it out” first if a serious crime has occurred.

Time matters. Evidence degrades. Memories fade. Witnesses disappear. CCTV footage gets overwritten. Medical evidence becomes harder to establish. For crimes like sexual assault, immediate reporting and medical examination are crucial for evidence collection.

You have the right to file an FIR. Police can’t refuse to register an FIR for a cognizable offense. If they try to discourage you, insist. Section 173 of BNSS (previously Section 154 CrPC) makes it mandatory. If they still refuse, you have remedies we’ll discuss later.

But here’s nuance: sometimes filing an FIR isn’t your best first move. If it’s a civil dispute disguised as a criminal complaint, police won’t help and might even file a counter-case against you for misusing the process. If it’s a matrimonial issue that might be resolved, consider mediation first. If it’s a cheque bounce case, follow the specific procedure under the Negotiable Instruments Act, not the FIR route.

How to File an FIR: The Process

Filing an FIR is simpler than most people think, though the experience can still be intimidating.

Visit the police station. Go to the station with jurisdiction over where the offense occurred. If you’re unsure which station has jurisdiction, go to the nearest one. They’ll redirect you if needed.

Provide information orally or in writing. You can narrate what happened, and the police officer will write it down. Or you can bring a written complaint. Either way, the substance of what you say becomes the FIR.

The FIR must be read back to you. Once written, the officer must read it aloud to you in a language you understand. This is your chance to correct errors or add missed details. Don’t skip this step.

Sign the FIR. After confirming accuracy, you sign the FIR. You’re entitled to a free copy immediately. Don’t leave without it. That copy is your proof that you filed a complaint and what you stated.

Get the FIR number. Every FIR gets a unique number. Note it down. You’ll need it for all future follow-ups.

Under the new BNSS, there’s increased emphasis on victim rights and timely information. Section 173(2) explicitly states that information about the action taken must be provided to the informant.

Zero FIR: When You’re Far From Home

What if the crime happened in one jurisdiction but you’re physically in another? That’s where Zero FIR helps.

A Zero FIR can be filed at any police station, regardless of jurisdiction. It’s called “Zero” because it’s not numbered initially. The police station where you file it records your complaint, then transfers it to the appropriate jurisdiction, where it gets an actual FIR number.

This concept, formalized after the 2012 Delhi gang rape case, ensures that distance or jurisdiction doesn’t delay reporting. If you’re in Mumbai and were assaulted in Delhi, you can file a Zero FIR in Mumbai. They’ll transfer it to the relevant Delhi police station.

The BNSS retains this provision, ensuring that no one is turned away due to jurisdictional technicalities.

Online FIR Filing: The Digital Push

India has been digitalizing criminal justice, and FIR filing is part of that transformation.

Many states now allow online FIR registration for certain offenses, typically property crimes like lost documents, mobile theft, or vehicle theft. The process varies by state, but generally involves visiting your state police website, filling out an online form with incident details, and submitting it.

Uttar Pradesh, for instance, has integrated complaint mechanisms through platforms like Jansunwai UP. While Jansunwai is primarily a grievance redressal portal for various government services, it can be used to register complaints against police inaction, including refusal to register FIRs. Visit the Jansunwai UP portal to lodge complaints online if your FIR registration is being delayed or refused.

Other similar portals in various states:

Similarly, the Citizen Portal on many state police websites allows online complaint registration. Delhi Police, Maharashtra Police, and Karnataka Police have well-developed online systems.

However, online FIR is not available for all offenses. Serious crimes, especially those requiring immediate investigation or victim examination, still require physical presence at the police station.

The Crime and Criminal Tracking Network & Systems (CCTNS) is the central initiative linking all police stations nationwide. While citizens don’t directly access CCTNS, it’s the backend system ensuring your FIR, once filed, is digitally recorded and traceable across jurisdictions.

Platforms like MyLegalPal can guide you through the process, helping you understand whether online filing is appropriate for your case and what documentation you’ll need.

What If Police Refuse to Register Your FIR?

This happens more often than it should. Police might say “it’s not serious,” “it’s a civil matter,” or “we’ll look into it first.” That’s often illegal.

For cognizable offenses, police have no discretion. They must register the FIR. If they refuse, here’s what you do.

Insist and cite the law. Politely but firmly tell them that Section 173 of BNSS mandates FIR registration. Sometimes knowledge of the law is enough to change their behavior.

Meet senior officers. Go above the refusing officer’s head. Meet the Station House Officer (SHO) if a constable refused. Meet the Deputy Commissioner of Police (DCP) or Superintendent of Police (SP) if the SHO refused.

Send written complaint by post. Send a registered post complaint to the Superintendent of Police describing the offense and the refusal. Keep the receipt. This creates an official record.

Approach the Magistrate. Under Section 173(3) of BNSS (previously Section 156(3) CrPC), you can approach a magistrate. File an application stating the facts and that police refused to register your FIR. The magistrate can direct police to register the FIR and investigate.

Use online grievance portals. As mentioned, portals like Jansunwai UP allow you to complain about police inaction. Most states have similar complaint mechanisms accessible through their police websites.

File a private complaint. Under Section 223 of BNSS (previously Section 200 CrPC), you can directly file a complaint before a magistrate without going through police. The magistrate examines you, reviews the complaint, and can either direct police to investigate or directly issue process to the accused.

What Happens After You File an FIR?

Filing the FIR is just the beginning. Understanding what follows helps you know what to expect and when to follow up.

Investigation begins. Police start investigating. They’ll visit the crime scene, collect evidence, record witness statements, and examine the accused if identified.

You may be called for statements. Under Section 183 of BNSS (previously Section 161 CrPC), police can call you to record your detailed statement. You’re legally bound to answer truthfully all questions except those that might expose you to criminal charges.

Medical examination. If the offense involves bodily harm or sexual assault, medical examination is crucial. Cooperate fully. Medical reports are often decisive evidence.

Investigation timeline. Under BNSS, investigations should ideally be completed within prescribed periods, though extensions are common. For offenses punishable with less than three years, investigation should complete within two months. For more serious offenses, within three months. These are aspirational timelines; actual investigation often takes longer.

Charge sheet or closure report. After investigation, police file either a charge sheet (if evidence supports prosecution) or a closure report (if evidence is insufficient). You’re entitled to know the outcome.

Trial. If a charge sheet is filed, the case goes to trial. You’ll likely be examined as a prosecution witness. Be truthful and consistent with your FIR.

Can You Withdraw an FIR?

Short answer: not easily, and not for all offenses.

For compoundable offenses (those where parties can settle), you can approach the court for permission to compound. The court assesses if the settlement is genuine and voluntary. If satisfied, the case gets closed.

The BNS lists which offenses are compoundable. Generally, minor offenses against individuals (simple hurt, defamation, theft between relatives) can be compounded. Serious offenses (murder, rape, offenses against the state) cannot be.

For non-compoundable offenses, you can’t simply withdraw. The offense is against the state, not just you. Even if you forgive the accused, prosecution continues. However, your lack of cooperation or testimony turning hostile can weaken the case.

Quashing the FIR. Under Section 528 of BNSS (previously Section 482 CrPC), High Courts have inherent powers to quash FIRs if continuing prosecution would be an abuse of process. This requires approaching the High Court, usually through a lawyer, and convincing the court that the FIR is frivolous, vexatious, or based on a settled civil dispute.

False FIRs: The Other Side

Filing a false FIR is a crime under Section 182 BNS (previously Section 182 IPC). If you lodge a complaint knowing it’s false, intending to cause wrongful injury to someone, you can face imprisonment up to six months or fine or both.

In practice, proving an FIR was deliberately false is difficult. Police and courts distinguish between false information and mistaken information. If you genuinely believed something happened but were mistaken, that’s not the same as deliberately lying.

However, misuse of criminal law, especially in matrimonial disputes, property disputes, or business conflicts, is a recognized problem. Courts have increasingly taken a dim view of FIRs filed to harass or pressure opponents. If you file a frivolous FIR, you risk:

  • Criminal prosecution under Section 182 BNS
  • Compensation orders in favor of the accused
  • Adverse costs in legal proceedings
  • Damage to your credibility in related cases

Don’t file an FIR unless there’s a genuine criminal offense. If it’s a civil dispute, approach civil courts. If it’s harassment or pressure tactics, you’re making a serious mistake.

Key Changes Under the New Criminal Laws (2024-2025)

The Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) brought several changes worth noting.

Renumbering. Almost all offenses have new section numbers. This creates confusion initially, but the substance of most crimes remains similar. Legal databases and apps are updating cross-references.

Victim-centric provisions. The new laws emphasize victim rights more explicitly. Mandatory information to victims about case progress, better protection for vulnerable witnesses, and streamlined compensation procedures.

Technology integration. The BNSS mandates digital recording of FIRs, evidence, and trial proceedings wherever possible. Video conferencing for witness examination, electronic service of summons, and online case tracking are being expanded.

Timeline emphasis. While the CrPC had investigation timelines, the BNSS reinforces these and adds more timelines for various stages. The goal is faster justice.

Community service. The BNS introduces community service as a punishment for certain minor offenses. This is a shift from purely punitive to reformative justice.

Practical Tips Before Filing an FIR

Before you head to the police station, prepare properly.

Gather details. Date, time, location, description of the accused (if known), witness names and contact information, any physical evidence. The more specific your FIR, the better.

Document everything. Take photos of injuries, damaged property, or the crime scene if possible. Save relevant messages, emails, or recordings. Bring these to support your complaint.

Bring identification. Carry ID proof and address proof. Police will record your details, and having documents ready speeds up the process.

Consider legal advice. If the matter is complex or you’re unsure about the legal nature of the offense, consult a lawyer first. Platforms like MyLegalPal connect you with experienced criminal lawyers who can advise whether filing an FIR is the right step and help you draft a proper complaint.

Stay calm and factual. Emotions run high after a crime, but stick to facts when giving information. Exaggerations or inconsistencies will hurt your case later.

Don’t be pressured into compromise at the station. Police sometimes push for “settlement” to reduce their workload. If you want to settle, that’s your choice. But don’t be pressured into it before the FIR is even filed.

Your Rights as a Complainant

You have specific rights that police must respect.

  • Right to file an FIR for cognizable offenses without obstruction
  • Right to a free FIR copy immediately after filing
  • Right to information about the progress of investigation
  • Right to add to your statement if you remember additional facts
  • Right to approach higher authorities if police are non-cooperative
  • Right to legal representation at every stage
  • Right to compensation in certain cases, especially violent crimes

The BNSS strengthens these rights and makes them more enforceable. If police violate your rights, you can complain through official channels or approach the magistrate.

When to Seek Legal Help

Some situations need a lawyer from the start.

If the case is complex, involves significant legal interpretation, or you’re unsure about criminal versus civil nature, get legal advice before filing. If police are hostile or uncooperative, a lawyer can guide you on approaching magistrates or higher authorities. If you’re worried about potential counter-cases (common in disputes between known parties), legal advice helps you understand risks and frame your complaint carefully.

My Legal Pal offers accessible legal guidance, connecting you with verified lawyers who understand criminal procedure. Whether you need help drafting an FIR, dealing with police refusal, or understanding your rights under the new criminal laws, expert advice is just a click away at mylegapal.com.

The Bottom Line

Filing an FIR is a powerful legal step. It can bring justice, but it also initiates a process you can’t easily stop. Know your rights, understand the law, and be truthful and thorough.

The new criminal laws under BNS and BNSS aim to make the system more victim-friendly, faster, and technology-enabled. Use these tools. File online where possible. Use grievance portals like Jansunwai if you face obstacles. Approach magistrates if police don’t cooperate.

But also be responsible. Don’t misuse the criminal justice system for civil disputes or harassment. False cases hurt real victims by clogging the system and creating skepticism.

If you’ve been wronged, don’t hesitate to file an FIR. If you’re uncertain about the process, seek guidance. The law is there to protect you, but only if you know how to use it properly.


Need help understanding whether to file an FIR or how to navigate the process? Visit MyLegalPal.com to connect with experienced criminal lawyers who can guide you through every step. Because when it comes to justice, knowledge and the right advice make all the difference.

 

General Questions About FIR

Q1: What is an FIR and why is it important?

An FIR (First Information Report) is the first official document prepared by police when they receive information about a cognizable offense. It’s governed by Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced Section 154 of the old CrPC. The FIR is crucial because it sets the criminal justice process in motion and serves as primary evidence in court. Prompt FIR filing strengthens your case’s credibility, while delayed filing invites questions about the authenticity of your complaint.

Q2: What’s the difference between FIR and complaint?

An FIR is filed for cognizable offenses (serious crimes like murder, rape, theft, robbery) where police can arrest without warrant and investigate without magistrate’s permission. A complaint is filed for non-cognizable offenses (less serious crimes like simple assault, defamation) where police need a magistrate’s order to investigate. You file an FIR at a police station, while complaints for non-cognizable offenses are typically filed before a magistrate.

Q3: Can I file an FIR online in 2025?

Yes, many states allow online FIR registration for certain offenses, typically property crimes like theft of mobile phones, vehicles, or lost documents. However, serious crimes requiring immediate investigation or victim examination still require physical presence at the police station. Check your state police website for online FIR facilities. The availability and scope of online FIR filing vary by state.

Q4: Is there any fee for filing an FIR?

No. Filing an FIR is completely free. Police cannot charge any fee for registering your complaint or providing you with an FIR copy. If anyone asks for money to file an FIR, it’s illegal, and you should report it to higher authorities immediately.

Q5: In which language can I file an FIR?

You can file an FIR in any language you’re comfortable with. Police are required to record your statement in a language you understand. If you give information in one language, but the officer writes it in another, they must read it back to you in your language before you sign it. Most police stations accommodate regional languages and can arrange translators if needed.

Filing Process Questions

Q6: How long does it take to file an FIR?

Typically, filing an FIR takes 30 minutes to an hour, depending on the complexity of the case and how busy the police station is. The officer needs to record all relevant details, read it back to you, and then have you sign it. Come prepared with all facts, dates, and details to expedite the process.

Q7: Can I file an FIR from any police station or do I need to go to a specific one?

For regular FIRs, you should go to the police station with jurisdiction over the area where the offense occurred. However, if you cannot reach that police station immediately, you can file a Zero FIR at any police station regardless of jurisdiction. The Zero FIR will then be transferred to the appropriate police station where it gets an official FIR number.

Q8: What is a Zero FIR and when should I use it?

A Zero FIR is filed when you report a cognizable offense at a police station that doesn’t have jurisdiction over the area where the crime occurred. It’s called “Zero” because it initially has no number. The police station where you file it records your complaint and transfers it to the relevant jurisdiction, where it gets numbered. Use Zero FIR when distance, safety concerns, or urgency prevents you from reaching the correct police station immediately.

Q9: What documents do I need to file an FIR?

You need valid identification proof (Aadhaar card, PAN card, passport, driver’s license, or voter ID) and address proof. Additionally, bring any evidence related to the crime: photos of injuries or damaged property, medical reports, relevant messages or emails, witness contact information, and any other documentation that supports your complaint. While you can file an FIR without all supporting documents, having them strengthens your case.

Q10: Can I file an FIR if I don’t know the identity of the accused?

Yes, absolutely. You can file an FIR against unknown persons. Use phrases like “unknown person,” “unidentified accused,” or “person whose identity is yet to be ascertained.” Provide whatever description you can: height, build, clothing, distinguishing features, vehicle details, or any other identifying information. Police will investigate and attempt to identify the accused.

Q11: Will I get a copy of the FIR immediately?

Yes. Under Section 173 of BNSS, you’re entitled to a free copy of the FIR immediately after it’s registered. Don’t leave the police station without your copy. This document is your proof of filing and contains the FIR number you’ll need for all future references. If police refuse to give you a copy, insist on your legal right or approach senior officers.

Police Refusal and Remedies

Q12: What should I do if police refuse to register my FIR?

If police refuse to register your FIR for a cognizable offense, you have several remedies:

  1. Insist firmly: Cite Section 173 of BNSS, which mandates FIR registration
  2. Meet senior officers: Approach the SHO, then DCP/SP if needed
  3. Send written complaint: Send a registered post complaint to the Superintendent of Police
  4. Approach the magistrate: File an application under Section 173(3) BNSS directing police to register FIR
  5. Use online portals: File complaints on state grievance portals
  6. File private complaint: Directly approach magistrate under Section 223 BNSS

Q13: Can I complain online if police refuse to register my FIR?

Yes. Most states have online grievance portals where you can complain about police inaction. Here are the major state portals:

Additionally, you can file complaints on the National Consumer Helpline or approach the State Human Rights Commission if your fundamental rights are violated.

Q14: How long does police have to register an FIR after I report a crime?

Police must register an FIR immediately upon receiving information about a cognizable offense. There’s no legally prescribed “waiting period.” Any delay in registration must be explained and recorded in the FIR itself. If police ask you to “come back tomorrow” or “wait a few days,” that’s improper. Insist on immediate registration or use the remedies mentioned above.

Q15: Can police conduct a preliminary inquiry before registering an FIR?

Only in specific circumstances. The Supreme Court in Lalita Kumari vs. Government of Uttar Pradesh (2014) held that police must register FIR immediately for cognizable offenses. However, preliminary inquiry is permitted for specific categories: matrimonial disputes, commercial offenses, medical negligence cases, corruption cases, and cases under Section 498A IPC (now BNS equivalent) relating to cruelty by husband. Even in these cases, preliminary inquiry shouldn’t exceed 7 days in serious cases and 15 days in other cases.

After Filing FIR

Q16: What happens after I file an FIR?

After FIR registration, police begin investigation. They’ll visit the crime scene, collect evidence, record witness statements, and examine the accused if identified. You may be called to give detailed statements under Section 183 BNSS. If the offense involves bodily harm, medical examination will be conducted. Investigation should ideally complete within 2-3 months depending on offense severity, though extensions are common. Police then file either a charge sheet (if evidence supports prosecution) or closure report (if evidence is insufficient).

Q17: How can I track the status of my FIR?

Most state police departments have online FIR tracking facilities on their websites. You’ll need your FIR number. Visit your state police website and look for “Track FIR Status” or “Case Status” options. You can also visit the police station and inquire about progress. Under BNSS, police are required to keep you informed about investigation progress. Some states send SMS updates automatically.

Q18: Can I add information to my FIR after filing it?

Yes, you can provide additional information if you remember something later or discover new facts. Visit the investigating officer and give a supplementary statement. This gets recorded as part of the case diary. However, major contradictions or completely changing your story raises credibility issues. It’s better to be thorough initially, but genuine additions based on new information or recollection are acceptable.

Q19: How long does police investigation take after FIR?

Under BNSS, investigation should complete within two months for offenses punishable with less than three years imprisonment, and three months for more serious offenses. However, these are aspirational timelines. In practice, investigations often take longer, sometimes several months or even years for complex cases. You can follow up regularly with the investigating officer or approach senior officers if there’s unreasonable delay.

Q20: Will I be called to the police station after filing FIR?

Yes, likely. Police will call you to record your detailed statement under Section 183 BNSS (previously Section 161 CrPC). You may also be asked to identify the accused, visit the crime scene with officers, or provide additional information. You’re legally bound to cooperate with the investigation and answer questions truthfully, except those that might expose you to criminal charges.

Withdrawal and Modification

Q21: Can I withdraw my FIR after filing it?

It depends on the nature of the offense. For compoundable offenses (minor offenses where parties can settle), you can approach the court for permission to compound. The court assesses whether settlement is genuine and voluntary. For non-compoundable offenses (serious crimes like murder, rape), you cannot withdraw the FIR because the offense is against the state, not just you personally. However, you can request the High Court to quash the FIR under Section 528 BNSS if it’s frivolous or based on settled disputes.

Q22: What are compoundable offenses under the new criminal laws?

Compoundable offenses are those that can be settled between parties with court permission. The Bharatiya Nyaya Sanhita (BNS) lists these offenses in various sections. Generally, compoundable offenses include simple hurt, criminal force, defamation, criminal trespass, theft by relatives, causing miscarriage without woman’s consent (with her permission), and various other minor offenses. Murder, rape, robbery, serious hurt, and offenses against the state are non-compoundable.

Q23: Can police close my case without filing a charge sheet?

Yes. After investigation, if police find insufficient evidence or determine no offense occurred, they file a closure report (also called final report) before the magistrate. However, as the complainant, you have the right to oppose this closure report. You can file a protest petition before the magistrate requesting that charges be framed despite police recommendation for closure. The magistrate examines both sides and decides whether to accept the closure or proceed with prosecution.

Q24: What is a false FIR and what are the consequences?

A false FIR is one filed with knowledge that the information is false, intending to cause wrongful injury to someone. Filing a false FIR is an offense under Section 182 BNS (previously Section 182 IPC), punishable with imprisonment up to six months or fine or both. Additionally, you risk compensation orders favoring the accused, adverse costs, and damage to your credibility. However, genuinely mistaken information is different from deliberately false information. Courts understand that complainants may be mistaken about facts without malicious intent.

Rights and Legal Aspects

Q25: Do I have the right to a lawyer when filing an FIR?

Yes. You can bring a lawyer when filing an FIR, though it’s not mandatory. A lawyer can help ensure your statement is recorded accurately and all relevant facts are included. However, police must register your FIR whether or not you have legal representation. If you can’t afford a lawyer, platforms like My Legal Pal connect you with affordable legal assistance.

Q26: Can an FIR be filed against a juvenile or minor?

Yes, but the process differs. Juveniles (under 18 years) are covered under the Juvenile Justice Act. The FIR is filed, but the juvenile is dealt with by the Juvenile Justice Board, not regular criminal courts. The focus is on reformation rather than punishment. For heinous offenses committed by juveniles aged 16-18, they may be tried as adults if the Board determines their mental and physical capacity.

Q27: Can I file an FIR for cyber crimes?

Yes. Cyber crimes are cognizable offenses under the Information Technology Act and BNS. You can file an FIR at your local police station or specialized cyber crime cells. Many states have dedicated cyber crime portals:

  • National Cyber Crime Reporting Portal: cybercrime.gov.in – for reporting all types of cyber crimes
  • Most state police websites have dedicated cyber crime complaint sections

For cyber crimes, preserve all digital evidence: screenshots, URLs, emails, chat logs, and transaction details before filing your complaint.

Q28: What is my role if the case goes to trial?

If police file a charge sheet and the case goes to trial, you’ll likely be examined as a prosecution witness. You’ll need to testify in court about the facts you stated in your FIR and subsequent statements. Your testimony should be consistent with your FIR. The defense lawyer will cross-examine you. Be truthful, stick to facts, and don’t exaggerate. Your credibility as a witness significantly impacts the case outcome.

Q29: Am I entitled to compensation as a crime victim?

Yes, under certain circumstances. The BNSS provides for victim compensation, especially for violent crimes, rape, acid attacks, and crimes causing death or serious injury. You can apply to the District Legal Services Authority or State Legal Services Authority. The compensation amount varies based on offense severity and state guidelines. Additionally, courts can order compensation from the convicted accused as part of the sentence.

Q30: What should I do if I receive a notice for a false FIR filed against me?

If you’re accused in what you believe is a false FIR:

  1. Don’t panic: Notice doesn’t mean you’re guilty
  2. Consult a lawyer immediately: Get legal advice before responding
  3. Don’t ignore the notice: Failure to respond can lead to arrest warrants
  4. Collect evidence: Gather documents, witnesses, alibis proving your innocence
  5. Consider anticipatory bail: If arrest is possible, apply for anticipatory bail
  6. File counter-complaint: If the FIR is malicious, consider filing counter-complaint for false case
  7. Seek quashing: Approach High Court under Section 528 BNSS to quash the FIR if it’s frivolous

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