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Educational Purpose Only: This page contains general legal information and public educational resources. Criminal laws are governed by the Bhartiya Nyaya Sanhita (BNS), Bhartiya Nagarik Suraksha Sanhita (BNSS), and Bhartiya Sakshya Adhiniyam (BSA). The information provided may not apply to every factual situation and should not be treated as legal advice.
Operator Disclosure: Nyayaseva is operated and maintained by Advocate [Full Name]. The contents are provided solely for legal awareness and educational purposes. No legal advice, legal opinion, solicitation, advertisement or professional engagement is offered through this website.
What Next?
1
Understand criminal procedure
4
Know your rights during arrest
5
Seek professional advice
Detailed Educational Guides
Quick Criminal Law Topics
FIR Registration
Procedure, rights
Bail Applications
Regular, anticipatory
Criminal Procedure
Trial, appeal, revision
Evidence Law
Admissibility, proof
Arrest Rights
Legal safeguards
Common Offenses
Cognizable, non-cognizable
FIR Registration Guide
General Information for Educational Purposes
What is FIR?
First Information Report (FIR) is the first information given to police about commission of a cognizable offense. Under BNSS, FIR sets the criminal law in motion.
Procedure for Filing FIR
- Visit nearest police station
- Give information in writing
- Police records in FIR register
- Free copy must be provided
- Zero FIR if wrong jurisdiction
- Online FIR in some states
Educational Reference Only: Police cannot refuse to register FIR for cognizable offense. If refused, approach Superintendent of Police or Magistrate under BNSS. Consult a qualified legal professional for specific advice.
Bail Applications Guide
General Information for Educational Purposes
Types of Bail
Bail can be regular bail (after arrest) or anticipatory bail (before arrest). For bailable offenses, bail is right; for non-bailable offenses, bail is discretion of court.
Factors for Granting Bail
- Nature and gravity of offense
- Likelihood of absconding
- Tampering with evidence
- Past criminal record
- Delay in trial
- Health and age of accused
Educational Reference Only: Anticipatory bail under Section 482 BNSS protects from arrest. Regular bail under Section 483 BNSS. Conditions may include surrendering passport. Consult a qualified legal professional for specific advice.
Criminal Procedure Guide
General Information for Educational Purposes
BNSS, 2023 (New Criminal Procedure Code)
The Bhartiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973. It introduces timelines for judgments, videography of searches, and electronic evidence provisions.
Stages of Criminal Case
- Filing FIR (Section 173 BNSS)
- Investigation (Section 175-189)
- Arrest (Section 35-49)
- Remand and bail
- Filing chargesheet
- Trial (Sections 268-358)
- Judgment and appeal
Educational Reference Only: New criminal laws effective July 1, 2024. Timeframes vary based on court workload. Consult a qualified legal professional for specific advice.
Evidence Law Guide
General Information for Educational Purposes
Bhartiya Sakshya Adhiniyam, 2023
The BSA replaced the Indian Evidence Act, 1872. It governs admissibility of evidence, including electronic evidence, expert testimony, and witness examination.
Types of Evidence
- Oral Evidence (witness testimony)
- Documentary Evidence (primary/secondary)
- Electronic Evidence (Section 63 BSA)
- Circumstantial Evidence
- Expert Evidence (Section 39)
- Hearsay Rule exceptions
Educational Reference Only: Burden of proof lies on prosecution to prove guilt beyond reasonable doubt. Consult a qualified legal professional for specific advice.
Rights During Arrest
General Information for Educational Purposes
Constitutional and Statutory Rights
Article 22 of Constitution and BNSS provide fundamental rights to arrested persons to prevent arbitrary arrest and detention.
Key Rights of Arrested Person
- Right to know grounds of arrest
- Right to consult lawyer
- Right to be produced before magistrate within 24 hours
- Right to free legal aid
- Right to inform family/friend
- Protection against torture
Educational Reference Only: Violation of arrest rights is punishable. Magistrate can order release for non-compliance. Consult a qualified legal professional for specific advice.
Common Criminal Offenses
General Information for Educational Purposes
Classification of Offenses
Under BNS, offenses are classified as cognizable/non-cognizable and bailable/non-bailable. Cognizable offenses allow arrest without warrant.
Common Offenses under BNS
- Theft (Section 303-306 BNS)
- Assault and hurt (Section 115-132)
- Cheating and fraud (Section 316-318)
- Criminal breach of trust
- Defamation (Section 356)
- Offenses against women (Section 63-77)
Educational Reference Only: BNS replaced IPC effective July 1, 2024. Consult a qualified legal professional for specific advice.
Frequently Asked Questions
How to file an FIR?
Visit nearest police station, give information in writing. Police must register FIR for cognizable offenses. Free copy must be provided.
Learn more →What is the difference between regular bail and anticipatory bail?
Regular bail is applied after arrest; anticipatory bail is applied before arrest (pre-arrest protection). Both available under BNSS.
Learn more →What are the new criminal laws?
BNS (replaced IPC), BNSS (replaced CrPC), BSA (replaced Evidence Act) effective July 1, 2024.
Learn more →What are my rights if arrested?
Right to know grounds, consult lawyer, be produced before magistrate within 24 hours, inform family, free legal aid.
Learn more →What is the difference between cognizable and non-cognizable offense?
Cognizable: Police can arrest without warrant (murder, theft). Non-cognizable: Police need magistrate order (defamation, nuisance).
Learn more →What is the limitation period for filing criminal complaint?
No limitation for serious offenses (death, life imprisonment). For others: 1-3 years depending on punishment.
Learn more →
Disclaimer: Nyayaseva does not provide legal advice, legal opinion, legal representation, or professional recommendations. This information is for educational purposes only. Criminal laws vary by state and offense type. Users should consult qualified legal professionals for advice specific to their situation.