{"id":92,"date":"2026-08-07T18:58:05","date_gmt":"2026-08-07T18:58:05","guid":{"rendered":"https:\/\/www.delhincrlawyer.com\/blog\/?p=92"},"modified":"2026-08-07T18:58:49","modified_gmt":"2026-08-07T18:58:49","slug":"13-steps-in-a-criminal-case-in-india","status":"publish","type":"post","link":"https:\/\/www.delhincrlawyer.com\/blog\/13-steps-in-a-criminal-case-in-india\/","title":{"rendered":"13 Steps in a Criminal Case in India: Complete Process Explained"},"content":{"rendered":"

If you’ve just heard the word “FIR” attached to your name, or someone you care about has, the first feeling is almost never legal \u2014 it’s panic. What happens next? How long does this take? Do you need to appear in court tomorrow? Understanding the 13 steps in a criminal case in India<\/strong> won’t make the situation less serious, but it does turn a frightening unknown into something you can actually plan around.<\/p>\n

This guide walks through the entire journey \u2014 from the moment an offence is reported to the final judgment \u2014 under India’s current criminal law framework, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023<\/strong>, which replaced the old Code of Criminal Procedure (CrPC) from 1 July 2024. If you’re dealing with a case in Delhi, Noida, Ghaziabad, Gurugram, or Faridabad, the process below is exactly what you or your lawyer will be navigating.<\/p>\n

A Quick Note on India’s Criminal Law Framework<\/h2>\n

Until mid-2024, three laws governed criminal cases in India: the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. These have now been replaced by three new codes:<\/p>\n

\n\n\n\n\n\n\n\n
Old Law<\/th>\nNew Law (in force since 1 July 2024)<\/th>\n<\/tr>\n<\/thead>\n
Indian Penal Code, 1860 (IPC)<\/td>\nBharatiya Nyaya Sanhita, 2023 (BNS)<\/td>\n<\/tr>\n
Code of Criminal Procedure, 1973 (CrPC)<\/td>\nBharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)<\/td>\n<\/tr>\n
Indian Evidence Act, 1872<\/td>\nBharatiya Sakshya Adhiniyam, 2023 (BSA)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

The stages of a criminal case remain broadly the same in spirit, but several section numbers and timelines have changed \u2014 most notably, faster mandatory timelines for investigation, chargesheets, and judgments, along with wider use of electronic FIRs and video-conference hearings.<\/p>\n

The 13 Steps in a Criminal Case in India<\/h2>\n

Step 1: Filing of the FIR or Complaint<\/h3>\n

Every criminal case begins with information about an offence reaching the legal system \u2014 either as an FIR (First Information Report)<\/strong> filed with the police for a cognizable offence, or as a private complaint<\/strong> filed directly before a Magistrate. Under BNSS, an FIR can now be filed in writing at the police station, electronically, or even (in the case of certain serious offences against women) at a place of the victim’s choosing. The FIR is the trigger that sets the entire criminal process in motion \u2014 nothing legally happens before this document exists.<\/p>\n

What to do at this step:<\/em> Keep a certified copy of your FIR, note the FIR number, and get the incident’s date, time, and details recorded accurately, since this document becomes the foundation of the entire case.<\/p>\n

Step 2: Preliminary Enquiry (for certain offences)<\/h3>\n

For offences punishable with 3 to 7 years’ imprisonment where the facts aren’t immediately clear-cut, BNSS allows police to conduct a preliminary enquiry<\/strong> \u2014 with a senior officer’s permission \u2014 before formally registering an FIR, to check whether there’s a genuine case at all. This is a new safeguard specifically meant to reduce frivolous or malicious FIRs.<\/p>\n

Step 3: Investigation<\/h3>\n

Once the FIR is registered, the police begin the investigation<\/strong> \u2014 visiting the scene, collecting physical and forensic evidence, recording witness statements, and, where the offence carries a sentence of seven years or more, mandatorily using forensic experts and videographing the process. BNSS has introduced firm outer time limits so investigations can’t drag on indefinitely.<\/p>\n

Step 4: Arrest of the Accused<\/h3>\n

If the offence is cognizable<\/strong>, the police can arrest the accused without a warrant; for non-cognizable<\/strong> offences, they need a Magistrate’s prior permission. Arrest is not automatic in every case \u2014 BNSS continues to emphasise that arrest should be proportionate to the offence, and in many situations a notice of appearance<\/strong> is issued instead of an outright arrest.<\/p>\n

What to do at this step:<\/em> Know your rights immediately \u2014 you’re entitled to know the grounds of arrest, to inform a person of your choice, and to legal representation.<\/p>\n

Step 5: Production Before a Magistrate<\/h3>\n

Any person arrested must be produced before a Magistrate within 24 hours<\/strong> of arrest (excluding travel time). Detention beyond this without judicial approval is unlawful. This step is a critical constitutional safeguard \u2014 it’s the court, not the police, that decides whether further custody is justified.<\/p>\n

Step 6: Bail Application<\/h3>\n

Depending on the stage and nature of the offence, an accused (or someone anticipating arrest) can apply for:<\/p>\n