An FIR has been registered against you in Delhi — what to do first

Published 20 August 2026 · Lawdship

An FIR is not a conviction, a charge, or a finding of any kind. It is the registration of information about a cognisable offence, which starts an investigation. What it does mean is that the police now have the power to investigate, and depending on the sections, to arrest.

First, find out what the sections are

Everything follows from the sections cited in the FIR. They determine whether the offence is bailable or non-bailable, whether the police can arrest without a warrant, and which court will hear the matter.

Since 1 July 2024, criminal offences in India are set out in the Bharatiya Nyaya Sanhita, 2023, and procedure is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the Indian Penal Code and the Code of Criminal Procedure. Older FIRs continue to cite the earlier statutes.

You are entitled to a copy of the FIR. Delhi Police FIRs are also published online, subject to exceptions for sensitive categories.

Bailable or non-bailable

• Bailable offence. Bail is a matter of right. It is granted at the police station or by the Magistrate on furnishing bond.
• Non-bailable offence. Bail is at the discretion of the court. This is where an advocate matters.

Anticipatory bail, before arrest

If the offence is non-bailable and you apprehend arrest, an application for anticipatory bail can be made before you are arrested, under Section 482 BNSS, to the Sessions Court or the High Court.

Two things about anticipatory bail people frequently get wrong:

1. It can be sought after an FIR is registered. It cannot be sought after the arrest itself, at which point the application becomes one for regular bail.
2. It is not a formality. Courts consider the nature of the accusation, your antecedents, and whether there is a reasonable apprehension of arrest at all.

If arrest has already happened

A regular bail application goes to the court in whose jurisdiction the matter lies. Refusal by the Magistrate does not end it — a fresh application lies before the Sessions Court, and thereafter before the High Court.

You are entitled to be produced before a Magistrate within 24 hours of arrest, and to have someone of your choosing informed of the arrest.

What not to do

• Do not approach the complainant directly to settle. It is frequently characterised later as an attempt to influence a witness.
• Do not give a written statement to the police without advice. You are obliged to cooperate with the investigation; you are not obliged to incriminate yourself.
• Do not ignore a notice requiring you to appear. Non-appearance converts a manageable situation into an arrestable one.
• Do not destroy or alter anything — phone records, documents, messages. It compounds the position badly.

What to do

1. Get the FIR copy and note the sections and the police station.
2. Preserve everything relevant — messages, transactions, call records, documents.
3. Write a plain chronology of dates. This is the single most useful thing you can hand an advocate.
4. Speak to a criminal advocate before you speak to anyone else about the matter.

Where it will be heard

In one of Delhi's seven district court complexes, according to territorial jurisdiction — Tis Hazari, Karkardooma, Rohini, Dwarka, Saket or Patiala House. Matters investigated by the CBI or the Enforcement Directorate, and cases involving sitting or former legislators, are heard at Rouse Avenue.

This is general information, not legal advice, and criminal matters turn entirely on their specific facts and sections. If an FIR has been registered, the useful step is a conversation with an advocate today rather than next week.