FIR Decoder

Overall

At least one of these is a non-bailable offence

Police may arrest without a warrant

Highest court involved: Court of Session

Maximum sentencing exposure

Consecutive (one after another)

7 years

If run concurrently

7 years

Under s.31 CrPC sentences run one after another unless the court directs that they run concurrently. Applied under the CrPC — for a case already pending on 1 July 2024 (BNSS s.531(2)(a)).

A Court of Session may pass any lawful sentence, so neither aggregate cap applies here (Muthuramalingam v. State, (2016) 8 SCC 313).

Fine

Fine — no statutory ceiling, the court decides

This is the ceiling the statute sets, not a prediction. The actual sentence is the court's discretion and accounts for mitigating factors, plea bargaining, probation and set-off for time already served.

What the procedure allows

Each answer cites the Bharatiya Nagarik Suraksha Sanhita (BNSS) first, with the old Code of Criminal Procedure (CrPC) section in brackets.

These sections look like a case from before 1 July 2024. An investigation, inquiry or trial pending on that day continues under the CrPC (BNSS s.531), so the CrPC section in brackets is the one that applies. If the FIR was registered on or after 1 July 2024, the BNSS applies. No case date was given, so this is inferred from the sections cited.

• FIR

  Yes

  Cognizable: the police must register an FIR — on oral, written or electronic information, at any police station (zero FIR).

  BNSS s.173 (CrPC s.154)Because of: IPC s.234

• Arrest or notice

  Yes

  For offences up to seven years arrest is not automatic: the police must first issue a notice to appear unless they record the reasons in s.35(1)(b). A person who is infirm or above sixty cannot be arrested for an offence under three years without a DSP's permission (s.35(7)).

  BNSS s.35(3) (CrPC s.41A)

• Bail

  Non-bailable

  At least one offence is non-bailable: bail is the court's discretion — the Magistrate (s.480) or the Sessions Court / High Court (s.483).

  BNSS s.480 (CrPC s.437)BNSS s.483 (CrPC s.439)Because of: IPC s.234

• Anticipatory bail

  Yes

  If arrest is feared, anticipatory bail may be sought from the Sessions Court or High Court. Some special Acts bar it, such as s.18 of the SC/ST (Prevention of Atrocities) Act.

  BNSS s.482 (CrPC s.438)Because of: IPC s.234

• Default bail

  Yes

  If the police report (charge-sheet) is not filed within 60 days of the first remand, bail becomes a right — the day of remand counts as day one.

  BNSS s.187(3) (CrPC s.167(2))

• Release of an undertrial

  Yes

  An undertrial who has spent half the maximum (3 years 6 months) in detention shall be released on a personal bond.

  BNSS s.479 (CrPC s.436A)

• Compounding (settlement)

  No

  At least one offence cannot be compounded, so a settlement does not end the case. Only the High Court's inherent power to quash remains (BNSS s.528, formerly CrPC s.482).

  BNSS s.359(1) (CrPC s.320(1))Because of: IPC s.234

• Plea bargaining

  Depends on facts

  Available on the punishment test — unless the offence was committed against a woman or a child, or is notified as affecting the country's socio-economic condition. Apply within 30 days of the charge being framed (BNSS s.290). The court may sentence to half the minimum (a quarter for a first-time offender) or, with no minimum, a quarter of the maximum (a sixth) (BNSS s.293).

  BNSS s.289 (CrPC s.265A)

• Summary trial

  No

  Not triable summarily: at least one offence carries more than three years (two years under the CrPC).

  BNSS s.283(2) (CrPC s.260)Because of: IPC s.234

• Probation

  Yes

  With no previous conviction the court may release on probation of good conduct instead of sentencing; the Probation of Offenders Act, 1958 may also apply.

  BNSS s.401 (CrPC s.360)

• Time limit to prosecute

  No

  More than three years: there is no time limit.

  Offences tried together take the period of the most severe (s.514(3)); it is counted to the date the FIR or complaint was filed.

  BNSS s.514 (CrPC s.468)Because of: IPC s.234

• If the accused is a child (JJ Act)

  Yes

  Serious offence: the case goes to the Juvenile Justice Board for inquiry.

  A maximum of three to seven years with no minimum is not squarely within any limb of s.2(54); Boards generally treat it as serious.

  JJ Act s.2(54)Because of: IPC s.234

What happens next

1. 1

   The FIR

   Information about a cognizable offence is recorded as an FIR, and a copy is given at once, free, to the informant or the victim. For offences of three to seven years the police may, with a DSP's permission, hold a preliminary enquiry of up to 14 days first (new in the BNSS).

   BNSS s.173(2) (CrPC s.154(2))BNSS s.173(3)

2. 2

   Notice or arrest

   For offences up to seven years a notice to appear comes first, unless reasons for arrest are recorded. A person arrested must be told the grounds of arrest and the right to bail.

   BNSS s.35(3) (CrPC s.41A)BNSS s.47 (CrPC s.50)

3. 3

   Before a Magistrate within 24 hours

   A person arrested without a warrant may not be held more than 24 hours, travel time excluded, without a Magistrate's order.

   BNSS s.58 (CrPC s.57)

4. 4

   Remand

   Police custody is limited to 15 days in all, at once or in parts, within the first 40 or 60 days of the 60- or 90-day period. The rest is judicial custody.

   BNSS s.187(2) (CrPC s.167(2))

5. 5

   Police report (charge-sheet)

   When the investigation ends the police report goes to the Magistrate. If it is not filed within 60 days of the first remand, default bail is a right. The police must tell the victim how the investigation is progressing within 90 days.

   BNSS s.193 (CrPC s.173)BNSS s.187(3) (CrPC s.167(2))

6. 6

   Cognizance, charge and trial

   The court takes cognizance and frames the charge. An application for plea bargaining must be made within 30 days of the charge being framed (the CrPC had no such limit).

   BNSS s.290 (CrPC s.265B)