Plain answers for people facing a police complaint, an FIR, a notice to appear or an arrest, and for victims whose complaint the police will not register. General information under the BNSS and BNS, not advice on a particular case.
Not automatically. An FIR is an allegation, not proof, and the police must still investigate. For many offences they are expected to send a notice to appear instead of arresting, and arrest depends on the offence and the facts. Get a copy of the FIR, understand the sections invoked, and speak to an advocate before giving any statement.
Read the full guide: FIR registered against you: the first 48 hours →
Yes, you should comply. A notice under Section 35 of the BNSS is an alternative to arrest, and if you appear and cooperate you should not be arrested for the offence in the notice unless the officer records reasons. Check whether you are called as an accused or as a witness, and consider taking an advocate's advice before you go.
Read the full guide: Police notice to appear: what it means and what to do →
You must be told the grounds of arrest, a relative or friend can be informed, you must be produced before a magistrate within 24 hours (excluding travel time), and you may consult an advocate and be medically examined. You cannot be compelled to give evidence against yourself. Ask for a copy of the arrest memo and do not sign anything you have not read.
Read the full guide: Arrested or detained: your rights and what your family should do →
It is a direction from the Sessions Court or the High Court, given before arrest, that you be released on bail if arrested in a specified case. Under Section 482 of the BNSS, a person who fears arrest for a non-bailable offence can apply. It does not stop the investigation, and the court can impose conditions such as cooperating with the police.
Read the full guide: Anticipatory bail under Section 482 BNSS →
If the police do not file the charge sheet within the statutory time (60 days, or 90 days for offences punishable with death, life imprisonment or at least ten years), the accused is entitled to bail under Section 187 of the BNSS. The right has to be claimed by applying before the charge sheet is filed, so the dates should be checked early.
Read the full guide: Bail in India: bailable and non-bailable offences, default bail →
The High Court can quash an FIR under Section 528 of the BNSS where the allegations, even if taken as true, disclose no offence, or the case is clearly malicious or a civil dispute given a criminal colour. The power is used sparingly and not to stop a genuine investigation. In Chennai the petition goes to the Madras High Court.
For a cognizable offence the police must register an FIR. If they refuse, you can give the information at any police station (a zero FIR), send it in writing to the Superintendent of Police or the Commissioner, and then apply to the Magistrate under Section 175(3) of the BNSS. Keep copies and proof of every step. A receipt for a petition is not an FIR.
Read the full guide: Police refuse to register your complaint: remedies under the BNSS →
Usually a search needs a warrant, but the BNSS permits a search without one in limited situations where the officer records the reasons. Ask for identity cards and the warrant or written authority, expect the search to be recorded by audio-video means, and ask for a copy of the seizure list. Do not obstruct the officers.
Read the full guide: Police or officials at your door: search, seizure and your rights →
You have 15 days from receiving the notice to pay. If the amount is genuinely due, paying within that time avoids a Section 138 complaint. If it is not due, send a written reply disputing it, with reasons, by registered post and email, and keep the proof. Ignoring the notice leaves the complaint open and wastes the chance to put your case on record.
Read the full guide: Cheque bounce notice: what to do within 15 days →
These answers are general information and not legal advice. The right answer for you depends on your documents and facts. See our practice area page for how we can help.
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