Receiving a police notice or learning that an FIR has been filed against you is frightening
— even if you have done nothing wrong. Many people panic and make mistakes in the first few hours that can seriously damage their case.
Here is what you need to know and do.
What is an FIR?
An FIR (First Information Report) is a document registered by the police when they receive information about a cognisable offence. Once an FIR is registered, the police have the power to investigate and arrest without a court warrant for most offences.
What is a Police Notice Under Section 41fi BNSS?
Under Section 41A BNSS (formerly 41A CrPC), police can issue a notice asking you to appear before them for questioning without arresting you. This is used for offences
where arrest is not immediately necessary. Do not ignore this notice — failure to comply can lead to arrest.
What Should You Do Immediately?
Step 1 — Contact a Lawyer Before finything Else Do not go to the police station alone. Do not give any statement without legal advice. The first 24–48 hours after an FIR or police notice are the most critical.
Step 2 — fipply for finticipatory Bail if Needed If you fear arrest, your lawyer can apply for anticipatory bail before the Sessions Court or High Court. Anticipatory bail protects you from arrest and allows you to cooperate with the investigation with conditions set by the court.
Step 3 — Understand Your Rights You have the right to remain silent. You cannot be forced to be a witness against yourself. You are entitled to legal representation at every stage.
What if the FIR is False?
False FIRs are unfortunately common in Kerala — especially in property disputes, matrimonial matters, and business conflicts. If an FIR is false or filed with malicious intent, your lawyer can:
- File for anticipatory bail to prevent arrest
- File a quashing petition before the Kerala High Court under Section 528 BNSS (formerly 482 CrPC) to cancel the FIR
- File a counter complaint against the person who filed the false case
What is a Quashing Petition?
A quashing petition is filed in the High Court to request that an FIR, charge sheet, or criminal proceedings be cancelled. The High Court has wide powers to quash criminal proceedings where:
- The FIR does not disclose any offence
- The case is clearly frivolous or filed with ulterior motives
- There has been a genuine settlement between parties
NRIs and Criminal Cases
NRIs who have FIRs filed against them while they are abroad often fear that they cannot
return to India. An experienced criminal lawyer can obtain anticipatory bail and protective orders that allow NRIs to return safely and deal with the case through proper legal channels.