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In this guide
Receiving an FIR (First Information Report) against you in Delhi can be terrifying. Whether you have been falsely accused or are genuinely involved in a dispute, knowing your legal rights and taking the right steps immediately can make a huge difference to the outcome of your case.
This guide by SRLM Law Associates explains exactly what you should do after an FIR is registered against you in Delhi.
What is an FIR?
An FIR or First Information Report is the first step in the criminal justice process in India. It is a written document prepared by the police when they receive information about a cognizable offence. Once an FIR is registered, the police have the authority to investigate the matter and make arrests.
Immediate Steps to Take After an FIR is Filed Against You
Step 1 – Stay Calm and Do Not Panic
The most important thing is to stay calm. An FIR does not mean you are guilty. It is simply the beginning of the legal process. Many FIRs are filed due to personal disputes, misunderstandings, or false allegations.
Step 2 – Contact a Criminal Lawyer Immediately
The very first thing you should do is contact an experienced criminal lawyer. Do not speak to the police, make any statements, or sign any documents before consulting your lawyer. Your lawyer will:
- Review the FIR and understand the allegations
- Advise you on your legal rights
- Guide you on the next steps to take
- Protect you from unlawful arrest or detention
Step 3 – Apply for Anticipatory Bail
If you fear arrest, your lawyer can file an anticipatory bail application before the Sessions Court or Delhi High Court. Anticipatory bail protects you from being arrested while the court considers your application.
Step 4 – Understand the Sections Applied
Your lawyer will explain the sections of the Bharatiya Nyaya Sanhita, 2023 (which replaced the Indian Penal Code from 1 July 2024) or other laws under which the FIR has been filed. This helps understand the seriousness of the allegations and the possible punishment if convicted.
Step 5 – Collect Evidence and Witnesses
Start gathering any evidence that supports your innocence including:
- CCTV footage
- Call records
- Messages and emails
- Witness statements
- Documents and receipts
Step 6 – Consider Filing for FIR Quashing
If the FIR is false, frivolous, or filed with malicious intent, your lawyer can file a petition before the Delhi High Court to quash the FIR under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old Section 482 of the Code of Criminal Procedure). This is one of the most effective remedies against false FIRs.
Step 7 – Cooperate with the Investigation (Wisely)
Cooperate with the police investigation but only under the guidance of your lawyer. Do not make any self-incriminating statements. Your lawyer should be present during any police questioning.
Your Legal Rights After an FIR in Delhi
Under Indian law, you have the following rights after an FIR is filed against you:
- Right to know the grounds of arrest
- Right to consult and be defended by a lawyer
- Right to be produced before a magistrate within 24 hours of arrest
- Right to apply for bail
- Right to a fair trial
- Right to remain silent
Do Not Make These Mistakes After an FIR
Many people make critical mistakes after an FIR is filed against them. Avoid these at all costs:
- Do not ignore the FIR hoping it will go away
- Do not speak to the police without your lawyer present
- Do not try to contact or threaten the complainant
- Do not destroy any evidence
- Do not leave Delhi or India without informing your lawyer
- Do not rely on advice from friends or family instead of a lawyer
How SRLM Law Associates Can Help
Advocate Shubham Mehta at SRLM Law Associates has extensive experience handling FIR cases across Rohini Courts, Delhi High Court, and the Supreme Court of India. We have successfully helped hundreds of clients:
- Get anticipatory bail and regular bail
- Quash false FIRs before the Delhi High Court
- Defend against serious criminal charges
- Reach settlements in compoundable offences
- Protect their reputation and freedom
Frequently asked questions
Can an FIR be cancelled?
Yes, in suitable cases. The Delhi High Court can quash an FIR under Section 528 BNSS (old Section 482 CrPC) if it discloses no offence, is an abuse of process, or if the parties have genuinely settled a largely private dispute. See our FIR quashing page.
Should I go to the police station if I receive a notice?
Yes, a notice of appearance under Section 35(3) BNSS (old Section 41A CrPC) should not be ignored. Complying with it generally protects against arrest in offences punishable up to seven years. Speak to a lawyer before attending so you know your rights.
How can I get a copy of the FIR?
An accused is entitled to a copy of the FIR. In Delhi, most FIRs are uploaded on the Delhi Police website within 24 hours, except in sensitive cases. A copy can also be obtained from the court once it reaches the Magistrate.
Can I get anticipatory bail after an FIR is registered?
Yes. If you apprehend arrest in a non-bailable offence, you can apply for anticipatory bail under Section 482 BNSS before the Sessions Court or the Delhi High Court, even after the FIR is registered, as long as you have not been arrested.
What is a Zero FIR?
Under Section 173 BNSS, information about a cognizable offence can be given at any police station, regardless of where the offence occurred. The police register a Zero FIR and transfer it to the police station having jurisdiction.
Related guides and services
- How to choose a criminal lawyer in Delhi
- How to file a civil suit in Delhi District Courts
- Anticipatory Bail Lawyer in Delhi
- FIR Quashing Lawyer in Delhi
- Criminal Lawyer in Delhi
- How to file an FIR online 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 srlmlawassociates@gmail.com. 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.
