After an FIR is registered, the police investigate the offence, which can include recording statements, collecting documents and, in some cases, arresting the accused. When the investigation ends, the police file a report before the Magistrate, either a charge-sheet or a closure report. If the court takes cognizance, the case proceeds to charge and trial.
Investigation
The investigating officer visits the scene where needed, records statements of witnesses, collects documents and electronic records, and may seek forensic examination. Persons may be issued notices to appear for questioning.
Arrest and bail
Arrest is not automatic in every case. For offences punishable with up to seven years' imprisonment, the law requires the police to consider whether arrest is necessary and in many cases to issue a notice of appearance instead. A person who is arrested must be produced before a Magistrate within 24 hours and may apply for bail.
The police report
On completing the investigation, the police submit a report under section 193 of the BNSS. If it is a charge-sheet, the Magistrate decides whether to take cognizance. If it is a closure report, the informant must be given notice and may file a protest petition.
Charge and trial
The court hears the parties on charge, and may discharge the accused if there is no sufficient ground. If a charge is framed, the prosecution leads its evidence, the accused is examined, defence evidence may be led, and the court delivers its judgment.
What you can do at each stage
- Obtain a copy of the FIR
- Seek anticipatory or regular bail where there is a risk of arrest
- Place your documents before the investigating officer
- Where the FIR is legally unsustainable, consider a petition to quash it before the High Court
Jurisdiction
This article describes central Indian law as it generally applies in Gujarat. Procedure, forms and court practice can differ between States and between courts, and the law changes. Check the current position for your matter.