Asked by a reader in Bengaluru

An FIR has been registered against me. What should I do first?

Answered by Advocate Sharan Jain··Criminal Defense & Prosecution

Short answer

Get a copy of the FIR and find out the exact sections, do not make statements to the police without advice, and if the offence is non-bailable, take a decision on anticipatory bail immediately.

An FIR is the start of an investigation, not a finding of guilt. But the decisions taken in the first week usually shape the whole case.

1. Get the FIR and read the sections

You have a right to a copy. FIRs are now registered under Section 173 of the BNSS, with offences under the Bharatiya Nyaya Sanhita. Most are uploaded to the state police portal. The exact sections decide whether the offence is bailable or non-bailable, and whether police can arrest without a warrant.

2. Do not try to handle the police alone

Statements made informally at a station have a way of resurfacing. You must co-operate with the investigation. You are not required to talk your way out of it, and Article 20(3) protects you against being compelled to be a witness against yourself.

3. Decide on anticipatory bail immediately

If the offence is non-bailable and there is a real prospect of arrest, apply under Section 482 BNSS before the Sessions Court. This is time-sensitive.

4. Preserve your own evidence now

Messages, emails, call records, bank entries, CCTV, travel records. Under the Bharatiya Sakshya Adhiniyam, 2023, electronic records need a proper certificate to be admissible, so preserve devices rather than just forwarding screenshots.

5. Consider whether the FIR is challengeable

Where an FIR does not disclose an offence even taken at its highest, or is malicious, or is a civil dispute dressed up as a crime, the High Court can quash it under Section 528 BNSS. That is fact-specific and not routine.

What not to do
Do not contact the complainant directly to "sort it out". In matrimonial and harassment cases in particular, that call or message becomes an annexure. Any settlement talks should go through lawyers.

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Go deeper on this

This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at July 30, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

People also asked

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What is anticipatory bail and how do I apply for it?

It is pre-arrest protection for someone who reasonably fears arrest in a non-bailable case. Since 1 July 2024 it is applied for under Section 482 BNSS, before the Sessions Court, and if refused, before the High Court.

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Can an FIR be quashed, and does having anticipatory bail help?

Yes, the High Court can quash an FIR using its inherent powers under Section 528 BNSS, but only in defined situations. Anticipatory bail and quashing are separate remedies, and having bail neither helps nor bars the quashing petition.

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What are my rights if the police arrest me?

To be told the grounds of arrest, to inform a relative or friend, to consult a lawyer, to be produced before a Magistrate within 24 hours, and to be medically examined. The D.K. Basu guidelines and Sections 47 and 58 BNSS set these out and they are enforceable.

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The police will not register my FIR. What can I do?

Registration of an FIR is mandatory where the information discloses a cognizable offence, per Lalita Kumari. If the station refuses, send the complaint in writing to the Superintendent of Police, and if that fails, apply to the Magistrate under Section 175(3) BNSS for a direction to register and investigate.

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I have been named in what I believe is a false 498A case. What now?

Cruelty by a husband or his relatives is now Section 85 BNS. It is non-bailable, so the immediate priority is a decision on anticipatory bail. Do not contact the complainant, and preserve the evidence that rebuts the allegations.

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What are the different types of bail, and which one applies to me?

Bail as of right in a bailable offence, regular bail after arrest in a non-bailable offence under Section 480 BNSS, anticipatory bail before arrest under Section 482, interim bail for a short period while an application is pending, and default bail where the investigation is not completed in time.

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