FIR Decoder

Overall

We have not published a classification for this section yet.

Highest court involved: Court-martial (the Force's own court)

Maximum sentencing exposure

Consecutive (one after another)

14 years

If run concurrently

14 years

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.

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

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.

  BNSS s.173 (CrPC s.154)

• Arrest or notice

  No

  At least one offence carries more than seven years, life or death, so the notice rule does not apply.

  BNSS s.35(3) (CrPC s.41A)Because of: The Assam Rifles Act, 2006 s.28

• Bail

  Not known

  Whether these are bailable is not published.

  BNSS s.478 (CrPC s.436)

• Anticipatory bail

  Not known

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

  BNSS s.482 (CrPC s.438)

• Default bail

  Yes

  If the police report (charge-sheet) is not filed within 90 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))Because of: The Assam Rifles Act, 2006 s.28

• Release of an undertrial

  Yes

  An undertrial who has spent half the maximum (7 years) in detention shall be released on bail; a first-time offender on a bond after one-third (4 years 8 months).

  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 for an offence punishable with death, life or more than seven years.

  BNSS s.289 (CrPC s.265A)Because of: The Assam Rifles Act, 2006 s.28

• 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: The Assam Rifles Act, 2006 s.28

• Probation

  Depends on facts

  More than seven years: probation is open only if the person convicted is under 21 or a woman.

  BNSS s.401 (CrPC s.360)Because of: The Assam Rifles Act, 2006 s.28

• 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: The Assam Rifles Act, 2006 s.28

• If the accused is a child (JJ Act)

  Yes

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

  JJ Act s.2(54)Because of: The Assam Rifles Act, 2006 s.28

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 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)