Criminal Law in India Explained Simply: FIR, Arrest, Bail & Your Legal Rights

Criminal law is meant not only to punish offenders but also to protect citizens’ rights and maintain public order. Many people panic when they or their family members are involved in criminal matters. This blog explains criminal law, FIR, arrest, bail, and rights of accused, with references to IPC, CrPC, and BNS/BNSS, in simple terms.

What is Criminal Law?

Criminal law deals with offences against society. Common criminal offences include:

• Theft, robbery, fraud (IPC Sections 378–420)

• Physical assault, hurt, or grievous hurt (IPC Sections 319–325)

• Domestic violence and dowry offences (IPC Sections 498A, 304B, 406)

• Cyber crimes (IPC Sections 66–66F)

• Sexual offences, POCSO Act offences

Criminal law in India is primarily governed by: IPC (BNS) – defines the offences CrPC (BNSS) – procedure for investigation, arrest, trial Evidence Act (BSA) – rules of evidence

How Does a Criminal Case Start?

A criminal case generally starts with an FIR (First Information Report) under CrPC Section 154.

Real-Life Example:

A shopkeeper reports theft of cash by a staff member. The police register FIR under IPC Section 378 / 411.

Important: FIR is not proof of guilt, only the beginning of investigation (CrPC Sections 156–157).

Police Investigation Powers

After FIR, police may:

• Investigate (CrPC Sections 156–157)

• Record statements of witnesses (CrPC Sections 161, 164)

• Collect evidence

Police cannot:

• Force confession (CrPC Section 25, Evidence Act)

• Detain beyond 24 hours without Magistrate approval (CrPC Section 57)

Example:

A neighbour lodges a complaint falsely. Police investigation (CrPC Section 173) will verify evidence before framing charges.

Arrest Rules

• Bailable offences: Person can be released on bail (CrPC Sections 436–437)

• Non-bailable offences: Bail can be applied through Magistrate (CrPC Section 437)

• Arrest is not automatic; must be necessary (CrPC Section 41)

Example:

A person falsely accused in a property dispute takes anticipatory bail under CrPC Section 438 and avoids unnecessary arrest.

Rights of the Accused

Even if accused, citizens have rights under Constitution + CrPC:

• Right to remain silent (Article 20(3))

• Right to legal counsel (CrPC Sections 41D, 303)

• Right to bail (CrPC Sections 436–437)

• Right to be produced before Magistrate within 24 hours (CrPC Section 57)

Conclusion

Understanding criminal law and procedures under IPC, CrPC, and Evidence Act is the first step in protecting oneself. Whether you are a complainant or an accused, proper legal guidance early can make a difference.

(This article is for general public awareness only and does not constitute legal advice.)