Finding out an FIR has been filed against you is frightening, but it is not a conviction — and you have real, specific rights the moment it happens. Since the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 took effect on 1 July 2024, the law gives you stronger, codified protection against arrest for less serious offences, a right to a copy of the FIR, and a clear route to challenge it if it is false or exaggerated. This guide explains exactly what happens if an FIR is filed against you in Delhi — your rights, whether you can be arrested immediately, how to get the FIR quashed, and when you need anticipatory bail.
Reviewed by the litigation team at Kamal & Co Advocates, Barakhamba Road, New Delhi. This is general legal information, not advice on your specific matter — see our disclaimer.
What happens if an FIR is filed against you?
A First Information Report (FIR), registered under Section 173 of the BNSS, is simply the police's first written record of an alleged cognizable offence — it starts an investigation, it does not decide guilt. Being named in an FIR means the police can investigate you, question you, and in some cases arrest you, but the allegations still have to be proved at trial. Many FIRs are also filed out of anger, in a business dispute, or in the heat of a family conflict, and a significant number never result in a conviction.
Your rights the moment an FIR is registered
You have several concrete rights as soon as you learn an FIR names you, and exercising them early genuinely changes the outcome. These include:
- The right to a copy of the FIR — under Section 173 BNSS, you (or your lawyer) are entitled to obtain the FIR, usually from the police station or the state's e-FIR portal.
- The right to know the grounds of arrest — if arrest is being considered, the police must inform you of the reasons.
- The right to consult a lawyer — you can have an advocate advise you and, at the stage of interrogation, be within visible (though not necessarily hearing) distance.
- The right against self-incrimination — you cannot be compelled to make a statement that incriminates you.
- The right to free legal aid if you cannot afford a lawyer, through the Delhi State Legal Services Authority (DSLSA) under the Legal Services Authorities Act, 1987.
Can you be arrested immediately after an FIR is filed?
Not always. For offences punishable with up to seven years' imprisonment, Section 35(3) of the BNSS makes a notice of appearance the default — arrest is meant to be the exception, not the first step. This is the BNSS's reworked, stricter version of the old Section 41A CrPC notice.
| Offence category | What typically happens |
|---|---|
| Punishable with up to 7 years' imprisonment | Police are ordinarily expected to issue a Section 35(3) notice directing you to appear, rather than arrest you outright, unless specific reasons for arrest are recorded in writing. |
| Punishable with more than 7 years, or certain serious/heinous offences | Arrest can follow more directly if the police believe it is necessary — the Section 35(3) safeguard applies less strongly here. |
If you receive a Section 35(3) notice, do not ignore it — failing to comply can itself become a ground for arrest. Take it to a lawyer immediately so your response is drafted properly.
What to do in the first 24–48 hours
Step 1 — Stay calm and do not contact the complainant
Do not call, message, or confront the person who filed the complaint, even to "sort it out." Any contact can be read as intimidation or witness tampering and will work against you.
Step 2 — Get a copy of the FIR
Obtain the FIR text as soon as possible — from the police station, the Delhi Police e-FIR portal, or through your lawyer. You cannot properly assess your position without reading exactly what has been alleged.
Step 3 — Consult a criminal lawyer before you say anything to the police
What you say during initial questioning can be used later. An advocate can prepare you for interrogation, and decide alongside you whether the facts justify seeking anticipatory bail, cooperating with a Section 35(3) notice, or moving to quash the FIR.
Step 4 — Preserve evidence, do not destroy anything
Keep every message, document, and record relevant to the dispute. Deleting chats or documents once an FIR exists can itself expose you to a separate offence for destroying evidence.
Step 5 — Assess whether you need anticipatory bail
If the offence is non-bailable and there is a real, reasonable risk of arrest, do not wait — see the section below.
Is the FIR false or exaggerated? Getting it quashed
Under Section 528 of the BNSS — the direct successor to Section 482 of the old CrPC — the Delhi High Court can quash an FIR using its inherent powers, most commonly where the case is clearly false, malicious, or an abuse of the criminal process. The grounds the Supreme Court has long applied (from State of Haryana v. Bhajan Lal, still followed under the BNSS) include:
- a legal bar prevents the case from being brought or continued;
- even taking the allegations at their highest, they do not disclose any offence; or
- the allegations describe an offence, but there is no evidence capable of proving it.
The Supreme Court has also recently clarified that an FIR is not immune from quashing merely because the investigation is still at an early stage — a quashing petition does not have to wait for the police to finish investigating before the High Court can intervene in a genuinely baseless case.
Quashing petitions move at different speeds: urgent interim relief (such as protection from arrest while the petition is pending) can sometimes be obtained within a day or two of filing; a final quashing order can take anywhere from a couple of months to over a year, depending on the bench and how contested the matter is.
Do you need anticipatory bail as well?
A Section 35(3) notice and a quashing petition do not always remove the risk of arrest — if the offence is serious, non-bailable, or the police are resistant to the notice route, applying for anticipatory bail under Section 482 of the BNSS gives you pre-arrest protection while the rest of your defence is prepared. We cover the full process — where to file, the conditions courts impose, and how long the protection lasts — in our dedicated guide to anticipatory bail in Delhi.
Which Delhi court handles your matter?
Both a Section 35(3) response and a bail application are handled at the district court complex covering the police station that registered the FIR — Tis Hazari, Patiala House, Saket, Rohini, Dwarka, Karkardooma or Rouse Avenue — while quashing petitions under Section 528 BNSS go directly to the Delhi High Court. Getting the forum right the first time avoids weeks of delay refiling in the correct court.
Common mistakes people make after an FIR is filed
- Contacting or confronting the complainant — almost always makes things worse, even when well-intentioned.
- Ignoring a Section 35(3) notice — non-compliance can itself justify arrest.
- Talking to the police without a lawyer's advice — early statements are hard to walk back later.
- Deleting messages, documents or records — can create a separate evidence-tampering exposure.
- Waiting too long to apply for anticipatory bail — once arrest actually happens, this remedy is gone.
- Assuming an FIR means the case is already lost — an FIR is an allegation, not a finding of guilt.
Talk to a criminal lawyer in Delhi
The first 24–48 hours after learning an FIR names you shape everything that follows — whether that is a Section 35(3) response, an anticipatory bail application, or a quashing petition. At Kamal & Co Advocates, on Barakhamba Road in central Delhi, our civil & criminal litigation team assesses FIRs and moves quickly across all Delhi district courts and the High Court. Call +91 97315 81947 or message us on WhatsApp for a confidential, urgent consultation.
Frequently asked questions
An FIR has been filed against me in Delhi — what should I do first?
Get a copy of the FIR, do not contact the complainant, and consult a criminal lawyer before speaking to the police. Whether you need a Section 35(3) response, anticipatory bail, or a quashing petition depends on the specific allegations.
Can I be arrested immediately after an FIR is registered?
Not automatically. For offences punishable with up to seven years, Section 35(3) BNSS makes a notice of appearance the default rather than immediate arrest, unless the police record specific reasons for arresting you. More serious offences carry a higher arrest risk.
How do I get a false FIR quashed?
Your lawyer files a petition under Section 528 of the BNSS before the Delhi High Court, arguing the FIR discloses no offence, is barred in law, or has no supporting evidence. Timelines vary, but urgent interim protection can sometimes be obtained within a day or two.
Do I need anticipatory bail if I've already received a Section 35(3) notice?
Not always, but if the offence is serious or non-bailable, or you still fear arrest despite the notice, applying for anticipatory bail under Section 482 BNSS gives you pre-arrest protection as an additional safeguard.
Can I get a copy of the FIR against me?
Yes. Under Section 173 BNSS you are entitled to a copy of the FIR, obtainable from the police station or the relevant e-FIR portal.
What happens if I ignore the FIR completely?
Ignoring notices or failing to cooperate can itself become grounds for arrest, and it leaves you unprepared if the police do act. Engaging a lawyer immediately, even just to assess the situation, is almost always the safer course.
Can I afford a lawyer if I can't pay?
Yes — free legal aid is available through the Delhi State Legal Services Authority (DSLSA) under the Legal Services Authorities Act, 1987, for those who qualify.
The bottom line
An FIR against you in Delhi is serious, but it is the start of a process, not its end. Get the FIR, get a lawyer, avoid the mistakes above, and move quickly on whichever remedy fits your facts — a Section 35(3) response, anticipatory bail, or a quashing petition. If you need that assessed properly and fast, Kamal & Co's litigation team is a short walk from the Barakhamba Road courts and ready to help.
This article is general information about the law as it stands in 2026 and is not a substitute for advice on your specific situation. Since 1 July 2024 the Code of Criminal Procedure has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. Please consult a qualified advocate before acting.