FIR Decoder

Overall

We have not published a classification for this section yet.

Maximum sentencing exposure

Under s.25 BNSS there is no default: the court must direct, considering the gravity of the offences, whether the sentences run concurrently or consecutively. Applied under the BNSS — the procedure for every case registered on or after 1 July 2024.

Statutory minimum

1 year

Where a statutory minimum exists, the court cannot go below it.

• Some sections have no published punishment data, so the total may understate

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.

Cases registered on or after 1 July 2024 run under the BNSS. No case date was given, so this is inferred from the sections cited.

• FIR

  Not known

  Whether this is cognizable is not published.

  • Special Act:Tried by the Exclusive Special Court or Special Court. SC/ST Act s.14

  BNSS s.173 (CrPC s.154)

• Arrest or notice

  Not known

  The classification of these sections is not published yet, so this cannot be answered.

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

• Bail

  Not known

  Whether these are bailable is not published.

  BNSS s.478 (CrPC s.436)

• Anticipatory bail

  No

  A special Act in this case shuts out anticipatory bail for its offences.

  • Special Act:Anticipatory bail is barred for an offence under this Act (s.18; s.18A). Courts may still grant it where no prima facie case is made out. SC/ST Act s.18

  BNSS s.482 (CrPC s.438)Because of: SC/ST Act s.5

• Default bail

  Not known

  The classification of these sections is not published yet, so this cannot be answered.

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

• Release of an undertrial

  Not known

  The classification of these sections is not published yet, so this cannot be answered.

  BNSS s.479 (CrPC s.436A)

• Compounding (settlement)

  Not known

  Whether these can be compounded is not published.

  BNSS s.359(1) (CrPC s.320(1))

• Plea bargaining

  No

  Plea bargaining is not available: an offence in this case is notified as affecting the country's socio-economic condition.

  • Special Act:Notified as affecting the socio-economic condition of the country (S.O. 1042(E), 11 July 2006), so plea bargaining is not available. BNSS s.289 notification

  BNSS s.289 (CrPC s.265A)Because of: SC/ST Act s.5

• Summary trial

  Not known

  The classification of these sections is not published yet, so this cannot be answered.

  BNSS s.283(2) (CrPC s.260)

• Probation

  Not known

  The classification of these sections is not published yet, so this cannot be answered.

  BNSS s.401 (CrPC s.360)

• Time limit to prosecute

  Not known

  The punishment is not published, so the period cannot be given.

  BNSS s.514 (CrPC s.468)

• If the accused is a child (JJ Act)

  Not known

  The punishment is not published, so the category cannot be given.

  JJ Act s.2(54)

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 or 90 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)