In a criminal matter the first hours matter most. Whether an FIR has just been registered against you, an arrest is feared, or a trial is under way, the priority is to secure liberty first and then build the defence on the record — the FIR, the case diary, the recoveries, and the contradictions in the prosecution witnesses.
What this covers
- Pre-arrest bail (bail before arrest) under section 498 Cr.P.C.
- After-arrest bail under section 497 Cr.P.C.
- Protective and transit bail
- Registration of FIR through the Justice of Peace (sections 22-A / 22-B Cr.P.C.)
- Quashment of FIR and criminal proceedings
- Defence at trial before Magistrate and Sessions Courts
- Cancellation of bail and criminal miscellaneous applications
- Criminal appeals and revisions
Bail — before and after arrest
An application for bail before arrest under section 498 Cr.P.C. protects an accused from arrest while the court examines whether the case is one of mala fide implication, and is moved as soon as the threat of arrest becomes real. Where arrest has already taken place, bail under section 497 Cr.P.C. is pressed on the material available — whether the offence falls within the prohibitory clause, whether the case calls for further inquiry, and the delay, if any, in lodging the FIR.
Every bail application is argued on the case diary and the specific facts of the FIR, not on generalities. Bringing the FIR number, police station and date of the incident to the first meeting allows an immediate assessment.
When the police will not register your FIR
If a police station refuses to record a cognizable offence, an application under sections 22-A and 22-B Cr.P.C. can be moved before the Justice of Peace (the Sessions Judge) for a direction to register the FIR. The same forum is available where an investigation is being conducted improperly.
Defence at trial
A trial defence is prepared from the challan (the police report under section 173 Cr.P.C.) onwards — testing the recovery memo, the site plan, the medico-legal report and the timing of witness statements, and cross-examining prosecution witnesses on the contradictions those documents reveal.
Questions clients ask about criminal litigation
What is the difference between pre-arrest and after-arrest bail?
Pre-arrest bail (bail before arrest, section 498 Cr.P.C.) is sought before you are taken into custody and protects you from arrest while the court decides. After-arrest bail (section 497 Cr.P.C.) is sought once you are already in custody and seeks your release from jail pending trial.
An FIR has been registered against me. What should I do first?
Do not wait. Obtain a copy of the FIR, note the police station and section of law, and consult an advocate immediately so that an application for bail before arrest can be moved if the offence is bailable or the implication appears mala fide. Acting early materially improves your position.
Can a false FIR be quashed?
Yes, in appropriate cases proceedings can be challenged and quashed where the FIR discloses no offence, where the dispute is purely civil in nature, or where the process of the criminal law is being abused. Whether that remedy fits your case depends on the contents of the FIR itself.
This page is general information about the work handled by the chamber and is not legal advice on your particular matter. Every case turns on its own facts — please get in touch for advice on yours.