By Advocate Shubham Mehta, SRLM Law Associates | Last updated: 28 September 2026
The stages of a criminal case in Delhi are: FIR or complaint, investigation, arrest and bail, chargesheet, cognizance, charge, trial, judgment and appeal. Since 1 July 2024, these stages are governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, 1973 (CrPC).
Knowing where your case stands helps you understand your rights and deadlines at each point, whether you are the complainant or the accused.
Key takeaways
- An FIR is registered under Section 173 BNSS (old Section 154 CrPC); Zero FIR and e-FIR are now expressly recognised.
- Police must inform the informant or victim of investigation progress within 90 days.
- If the chargesheet is not filed in time, the accused can claim default bail.
- The BNSS sets time limits for discharge applications, framing of charge and judgments.
- Most criminal trials in Delhi are held in the district courts; the High Court hears bail, quashing and appeals.
Old CrPC vs New BNSS: Quick Reference
| Stage | BNSS, 2023 | Old CrPC, 1973 |
|---|---|---|
| FIR | Section 173 | Section 154 |
| Complaint to Magistrate for investigation | Section 175(3) | Section 156(3) |
| Notice of appearance instead of arrest | Section 35(3) | Section 41A |
| Regular bail (bailable / non-bailable) | Sections 478, 480 | Sections 436, 437 |
| Anticipatory bail | Section 482 | Section 438 |
| Default bail | Section 187 | Section 167(2) |
| Chargesheet (police report) | Section 193 | Section 173 |
| Cognizance | Section 210 | Section 190 |
| Quashing by High Court | Section 528 | Section 482 |
| Appeal against conviction | Section 415 | Section 374 |
Stage 1: FIR or Complaint
A criminal case usually starts with an FIR at the police station. Under Section 173 BNSS:
- An FIR can be registered at any police station, regardless of where the offence happened (Zero FIR). It is then transferred to the correct station.
- Information can be given electronically (e-FIR), but must be signed by the informant within three days.
- For offences punishable with three to seven years, police may conduct a preliminary enquiry for up to 14 days before registering the FIR.
If police refuse to register an FIR, the informant can approach the Superintendent or Deputy Commissioner of Police, and then the Magistrate under Section 175(3) BNSS. Some offences, such as cheque bounce under Section 138 of the NI Act, begin with a complaint directly before the Magistrate instead of an FIR.
Stage 2: Investigation
After the FIR, police collect evidence, record statements, seize documents and may arrest the accused. Under Section 193(3)(ii) BNSS, police must inform the informant or victim of the progress of the investigation within 90 days.
If you are named in an FIR, read our guide on what to do after an FIR in Delhi.
Stage 3: Arrest and Bail
For offences punishable with up to seven years, police must generally issue a notice of appearance under Section 35(3) BNSS instead of arresting straight away, following the Supreme Court’s guidance in Arnesh Kumar v. State of Bihar (2014).
Bail options:
- Regular bail under Section 478 (bailable) or Section 480 (non-bailable offences). See bail lawyer in Delhi.
- Anticipatory bail under Section 482, where arrest is feared. See anticipatory bail lawyer in Delhi.
- Default bail under Section 187, if the chargesheet is not filed within 60 or 90 days, depending on the offence.
Stage 4: Chargesheet or Closure Report
When the investigation ends, police file a report under Section 193 BNSS. It is either:
- a chargesheet, if there is enough evidence to proceed; or
- a closure report, if there is not.
If a closure report is filed, the informant has the right to be heard and can file a protest petition before the Magistrate.
Stage 5: Cognizance and Supply of Documents
The Magistrate takes cognizance under Section 210 BNSS and issues summons or warrants. The accused is entitled to copies of the police report and documents under Section 230 BNSS (old Section 207 CrPC). The BNSS allows these to be supplied electronically.
Stage 6: Discharge and Framing of Charge
The accused can apply for discharge if there is no sufficient ground to proceed. In Sessions cases, the discharge application is filed within 60 days of committal under Section 250; in Magistrate warrant cases, within 60 days of supply of documents under Section 262. If the court finds a prima facie case, it frames charges, and the accused pleads guilty or claims trial. Charges are to be framed within 60 days of the first hearing on charge.
Stage 7: Trial and Evidence
- Prosecution evidence. Witnesses are examined and cross-examined by the defence.
- Statement of the accused. The court puts incriminating evidence to the accused under Section 351 BNSS (old Section 313 CrPC).
- Defence evidence. The accused may lead evidence, though this is optional.
- Final arguments. Both sides argue on facts and law.
The BNSS allows many witness depositions and hearings through audio-video means.
Stage 8: Judgment and Sentence
The BNSS requires judgment to be pronounced within 30 days of the end of arguments, extendable to 45 days for recorded reasons. If the accused is convicted, the court hears arguments on sentence before passing an order. This is provided in Section 258 BNSS for Sessions trials.
Stage 9: Appeal, Revision and Quashing
- Appeal against conviction lies to the Sessions Court or the Delhi High Court, depending on the trial court.
- Revision can challenge interlocutory or final orders on questions of legality.
- Quashing of an FIR or proceedings can be sought from the Delhi High Court under Section 528 BNSS, for example where the parties settle a matrimonial or commercial dispute. See FIR quashing lawyer in Delhi.
How Long Does a Criminal Case Take in Delhi?
| Case type | Typical duration |
|---|---|
| Petty offences / summary trials | Months to 1–2 years |
| Magistrate trials (most IPC/BNS offences) | 2–5 years |
| Sessions trials (serious offences) | 3–7 years or more |
| Cheque bounce (Section 138 NI Act) | 1–3 years |
Common Mistakes to Avoid
- Giving detailed statements to police without understanding the allegations.
- Ignoring a Section 35(3) notice of appearance.
- Missing the default bail window because no application was filed.
- Not inspecting the chargesheet documents before the charge stage.
- Settling a dispute privately without getting the FIR quashed.
How a Lawyer Helps at Each Stage
Criminal lawyers in Delhi advise on bail strategy, examine the chargesheet for gaps, argue discharge and cross-examine prosecution witnesses. For complainants, counsel helps get an FIR registered, monitors the investigation and assists the prosecution.
Frequently Asked Questions
What is the first stage of a criminal case?
The first stage is registration of an FIR under Section 173 BNSS or filing of a complaint before a Magistrate. The FIR sets the criminal law in motion and allows police to begin investigation. For some offences, such as cheque bounce, the case starts with a complaint directly in court.
What happens if police do not file a chargesheet in time?
If the chargesheet is not filed within 60 days (or 90 days for serious offences punishable with death, life imprisonment or ten years or more), an accused in custody can apply for default bail under Section 187 BNSS. The right must be claimed before the chargesheet is filed.
Can a criminal case be closed if the parties settle?
Compoundable offences can be settled in the trial court. For non-compoundable offences, the parties can approach the Delhi High Court to quash the FIR under Section 528 BNSS. The High Court decides based on the nature of the offence and whether it is essentially private in character.
Is it compulsory for the accused to appear in court on every date?
The accused must appear unless the court grants exemption from personal appearance. Exemption is often allowed on application for genuine reasons, especially in Magistrate trials. Repeated absence without exemption can lead to non-bailable warrants.
What is the difference between a chargesheet and a charge?
A chargesheet is the police report filed after investigation. A charge is framed later by the court after hearing both sides, stating the specific offences the accused will be tried for. The court can frame charges different from those in the chargesheet.
Which court will hear my criminal case in Delhi?
The case is heard by the court that has jurisdiction over the police station where the FIR was registered. Magistrate courts try most offences; serious offences are committed to Sessions Courts. Delhi’s district courts include Rohini, Tis Hazari, Karkardooma, Saket, Dwarka, Patiala House and Rouse Avenue.
Conclusion
Each stage of a criminal case in Delhi carries its own rights and deadlines, and the BNSS has tightened many of them.
Related guides and services
- Criminal Lawyer in Delhi
- Bail Lawyer in Delhi
- Anticipatory Bail Lawyer in Delhi
- FIR Quashing Lawyer in Delhi
- What to do after getting an FIR in Delhi
Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm
Speak to SRLM Law Associates
For advice specific to your situation, you may consult a qualified advocate. Advocate Shubham Mehta and the SRLM Law Associates team can be reached at +91 92052 74745 or [email protected]. Chamber: 1310, Lawyer’s Chamber Block, Rohini Courts, Delhi – 110085. Office: 250, Kayan Vihar, Delhi – 110033. Open daily, 9 am – 9 pm. See our Google reviews and directions.
This article is for general information only and is not legal advice.
