Step-by-Step Guide to a Criminal Case in Delhi: From FIR to Appeal
Quick answer: A criminal case in Delhi moves through FIR registration, investigation, arrest or notice, bail, charge sheet, cognizance, framing of charge, trial (prosecution and defence evidence), judgment and sentence, and appeal. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the procedure for cases registered after 1 July 2024.
Stage 1: FIR and investigation
- FIR: any person can report a cognizable offence at a police station or online (e-FIR). If the offence happened elsewhere you can ask for a zero FIR.
- Preliminary enquiry: for offences punishable with three years or more but less than seven, the police may hold a short enquiry with senior approval (BNSS Section 173(3)).
- Investigation: the police record statements, collect evidence, may seize items, and may arrest where necessary.
- Your rights: to know the grounds of arrest, to meet a lawyer, and to be produced before a Magistrate within 24 hours.
Stage 2: Arrest, notice and bail
Police must follow the rules on arrest; for offences up to seven years they usually issue a notice of appearance first (BNSS Section 35). If arrested, you apply for bail. See bailable vs non-bailable offences and anticipatory bail in Delhi. If the police do not file a charge sheet within 60 or 90 days (depending on the offence), the accused can seek default bail.
Stage 3: Charge sheet and cognizance
After investigation the police file a report (charge sheet) in court. The Magistrate takes cognizance and issues summons or warrants. If the offence is triable only by the Court of Session, such as murder, the Magistrate commits the case to the Sessions Court.
Stage 4: Charge and trial
| Step | What happens |
|---|---|
| Charge | The court frames charges after hearing both sides on whether a prima facie case exists |
| Plea | The accused pleads guilty or claims trial |
| Prosecution evidence | Witnesses are examined and cross-examined |
| Statement of accused | The accused is asked to explain the evidence against him (BNSS Section 351) |
| Defence evidence | The defence may lead witnesses |
| Arguments | Both sides argue |
| Judgment | Conviction or acquittal; sentencing hearing if convicted |
Stage 5: Appeal, revision and quashing
Orders can be challenged in appeal before the Sessions Court, High Court or Supreme Court depending on the court that decided the case. The High Court can also quash an FIR or proceedings in suitable cases under Section 528 BNSS. See false 498A case for an example.
Delhi courts at a glance
District courts sit at Tis Hazari, Patiala House, Saket, Dwarka, Rohini and Karkardooma. Serious offences are heard in Sessions Courts, and appeals go to the Delhi High Court. Our criminal lawyers in Delhi and Tis Hazari criminal lawyer page explain local practice. For a first step after an FIR, read what to do if an FIR is filed against you.
Frequently asked questions
What is the first step in a criminal case?
Registration of an FIR for a cognizable offence, or a complaint to a Magistrate for non-cognizable ones.
Can I get bail before arrest?
Yes, by applying for anticipatory bail under Section 482 BNSS in suitable cases.
How long does a criminal trial take in Delhi?
It varies widely by offence, evidence and court load; serious cases can take years.
What is a charge sheet?
The final report of the police investigation filed in court, listing the evidence and the accused.
Can I appeal after conviction?
Yes, to the appropriate appellate court, and sentence can be suspended pending appeal in suitable cases.
Related guides
- What to do if an FIR is filed against you
- Bailable vs non-bailable offences
- Anticipatory bail in Delhi
- Murder vs attempt to murder
Where we can help
Talk to a Delhi lawyer about your case
Every case turns on its own facts and documents. A short consultation with Advocate Anant Misra's team will tell you where you stand and what to do next.
Call +91-98680 84425Book an appointmentThis page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.