The new criminal laws (BNS, BNSS and the Bharatiya Sakshya Adhiniyam) replaced the IPC, CrPC and Evidence Act for offences committed on or after 1 July 2024. Earlier cases continue under the old laws. The stages are broadly the same.
1. Complaint and FIR
Any person can inform the police of a cognizable offence. The police register an FIR (First Information Report). You can file a “Zero FIR” at any police station, and complaints can be given electronically. Take a free copy of the FIR. If the police refuse, you can approach the Superintendent of Police or the Magistrate.
2. Investigation
The police collect evidence, record statements, inspect the spot and send material for forensic examination. Videography of search and seizure is now required.
3. Arrest and bail
- Arrest: For offences punishable up to 7 years the police must usually give a notice to appear first.
- Bail: Bailable offences carry a right to bail. In non-bailable offences the court decides. Courts can also grant anticipatory bail before arrest.
- Default bail: If the police do not file the charge-sheet within the time allowed (usually 60 or 90 days, depending on the offence), the accused may seek default bail.
4. Charge-sheet (police report)
When the investigation ends, the police send a report to the Magistrate. If no case is made out, they file a closure report.
5. Cognizance and committal
The Magistrate takes cognizance of the offence. Serious cases are committed to the Sessions Court.
6. Discharge and framing of charge
The accused may ask to be discharged if there is no sufficient ground to proceed. Otherwise, the court frames the charge, reads it out and asks the accused to plead guilty or claim trial.
7. Trial
- Prosecution evidence: witnesses are examined and cross-examined
- Statement of the accused on the evidence against him
- Defence evidence, if any
- Final arguments
Our detailed article on the criminal trial explains these steps.
8. Judgment
The court acquits or convicts. If convicted, the court hears the accused on the sentence. Judgment is to be delivered in a reasonable time after arguments, and the new law sets outer limits.
9. Appeal, revision and review
Convicts and (in some cases) the State or victims can appeal to the higher court. High Courts also have inherent powers to quash proceedings. Sentences can be suspended during an appeal in suitable cases.
10. Settlements
Some offences can be compounded (settled) with the complainant, and some cases can end through plea bargaining or mediation.
Tips for accused persons and complainants
- Keep the FIR copy, notices and orders safe
- Do not sign blank papers at the police station
- Attend every date, or your lawyer should seek exemption
- Understand that each step has time limits, so act early
Frequently asked questions
Can I get a copy of the FIR online?
Yes. Most FIRs are available on the state police portal, except sensitive ones. Karnataka police provide an online FIR facility.
What is a Zero FIR?
An FIR registered at any police station regardless of where the crime happened, which is then transferred to the correct station.
How long does a criminal trial take?
There is no fixed time. It depends on the offence, the number of witnesses and the court workload. The new law adds timelines for several steps.
Do the old laws still apply?
Yes, for offences committed before 1 July 2024, the IPC and CrPC apply.
Tell us briefly what has happened and we will guide you on the next step. Hemanth & Associates, Malleshwaram, Bengaluru.
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Last reviewed: October 2026. This article is for general information only. It is not legal advice and does not create an advocate-client relationship. Laws, fees and procedures change, and every case depends on its own facts, so please consult a qualified advocate before acting. In line with Bar Council of India rules, this page is not an advertisement or solicitation.
