When someone faces a police call, FIR, or threat of arrest for the first time, the biggest confusion is usually this:
“Is my matter criminal or civil?”
Understanding the types of criminal offence your case falls under can mostly help you choose the right type of lawyer for your case, avoiding making errors that could hurt your case, and as well as allow you to take positive action on your case.
Common Types of Criminal Cases People Face
There are five broad categories of criminal offences that many individuals are faced with:
1. Offences Against the Persons: These all include various types of assaults, domestic violence, threats as well as intimidating actions.
2. Offences Against Property: These mostly include theft, fraud, embezzlement, as well as misappropriation of property.
3. Cyber Crime: This includes identity theft, internet fraud and many more.
4. Financial Crimes: These include forgery, embezzlement and other forms of fraud.
5. Family-Related Criminal Cases: This would include cruelty cases under BNS law, dowry crimes, domestic violence or threats of violence.
Cases that will be officially treated as criminal evidence with all associated penalties should include police action, FIR, summons, and/or arrest.
What Usually Worries People First in Criminal Matters
When someone is “under” a criminal accusation, the first thoughts of most people are typically the same. Common fears of the possible existence of an arrest, bail possibility, or something that will ruin career and reputation because of the wrongful criminal case exist in everyone’s mind. While these fears are true, there are legal remedies available, and the early steps taken legally will set the stage for the future of the case.
When Anticipatory Bail Becomes Important
Once a person is being accused criminally and senses police intervention is imminent, panic usually ensues. It is understandable for someone to fear arrest. However, the practical legal response to this type of fear is to seek Anticipatory Bail. The courts will grant Anticipatory Bail in instances where the alleged incident appears to be unfounded, where the police do not require custodial detention for investigative purposes, and when the accused has been cooperative with law enforcement.
Conversely, the courts may deny Anticipatory Bail for individuals accused of serious offences where there is a possibility of evidence being tampered with, witness intimidation, or fleeing.
What If You Have Already Been Arrested?
In the case of an individual having already experienced an arrest, their next option would be to apply for typical bail. Generally speaking, the guidelines used by Courts for granting bail are: there is no longer a need to continue holding the arrested party (Custody); the arrested party has a history of stable living; and the charges are not exceptionally serious (Aggravated). Additional reasons prevailing against granting bail would involve the possibility of the arrested individual acting to influence potential witnesses; to continue to re-offend; or evidence supporting serious charges being present.
Bail is not intended to serve as punishment. Rather, it is a means of protecting the liberty of an individual subjected to arrest; the courts are also required to balance the need for protection with the necessity to investigate the crime committed.
Illegal Arrest and Police Notices Under the New Law
Under Section 35(3) of the Bharatiya Nyaya Sanhita, 2023, police are required to issue a written notice of appearance before arresting a person in non-serious offences. This provision exists to prevent unnecessary arrests and to give people an opportunity to cooperate legally while consulting a lawyer.
However, if a person ignores such notice, police may proceed with arrest, and courts may view non-cooperation negatively. In serious offences, police may still arrest without issuing a notice if it becomes necessary for investigation.
What If Police Are Harassing or Threatening You?
Many people have experienced situations where law enforcement has continuously contacted and made threats of arrest to compel them to appear in person to heard from them. In these types of events, individuals must have steadiness and not become emotionally charged by what is happening around them or allow the negative feelings on the part of law enforcement or individuals associated with the investigation to determine your response to the situation. This is the ideal situation to speak to an attorney about your rights and the contents of the phone calls or text messages that you receive.
In case the police are overstepping their limits, you have the option to report to the higher officers, ask for the protection of the Magistrate Court, or go for a writ petition in the High Court. The courts are not in favor of the harassment or the misuse of powers by the police.
What If a False FIR Has Been Filed Against You?
Knowing that you are the subject of an FIR can be a source of great anxiety. The question of whether a false FIR can be overturned is frequently asked. The answer is yes, although it necessitates a proper legal strategy to be followed.
The very first thing is to not ignore the FIR. Legal consultation should be sought immediately. Depending on the gravity of the crime, anticipatory bail should be applied for, and all the documents or evidence proving the untruth of the accusations need to be gathered.
One can counter a false FIR in the High Court as per Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The High Court checks if the FIR is motivated, if the matter is really civil, and if the charges show any actual criminal offence.
If the accusations are serious or require a thorough trial, the courts might refuse to quash the FIR. The accused, in such cases, still has the right to file a Special Leave Petition under Article 136 and approach the Supreme Court of India.
What If Police Refuse to Register Your FIR?
Lawful remedies are laid out in a manner that victims facing such a situation get help from the law. The first step would be to send a written complaint to the Station House Officer and get it acknowledged. In case this does not yield results, the complaint can be taken up with higher-level police officers, who will then have the power to issue a registration and an investigation order. If police still refuse to act, a complaint can be lodged with the Magistrate, who can then require the FIR to be registered and supervise the inquiry. This vs. remedy is very effective and carries the force of law.
What Should You Do If You Are a Victim of Online Fraud?
Generally, victims of digital fraud cannot help but feel isolated and directionless. The first and foremost measure that should be taken if you have any doubt that you have been defrauded on the internet is to inform the perpetrator, as this will certainly help in the prevention or reduction of the fraud that might otherwise happen to you. The quickest and most reliable way to stop any deceptive activities from being done to you is by contacting Cyber Crime Helpline (1930).
Among other steps, you should file a complaint with the Cyber Crime Portal, supplying all relevant details of your transactions with attachments of screenshots; your bank should be notified within 24 hours of the scam; maintain copies for yourself of the scam’s digital evidence; and get an FIR against the suspects at your local police station. Cyber Crimes have to be regarded as criminal acts, and victims must be prompt in their actions to not only protect themselves but also reduce the chances of fraud happening again.
What You Should Practically Do Right Now
- Stay calm and do not argue with police
- Do not visit police station without legal advice
- Preserve call recordings, messages, documents
- Contact a criminal lawyer immediately
Early legal intervention often prevents arrest, weakens false cases, and protects your rights.
How We Assist You in Criminal Matters
When an individual is involved in a criminal matter or facing police action, the key factor is to have the right legal support. The lawyer will provide you with immediate guidance, strong legal drafting, bail strategies, and clear step-by-step advice. We ensure that your rights are protected, your version is placed correctly before authorities, and every legal remedy available to you is used effectively.
Our focus remains very simple. We protect your freedom, safeguard your reputation, and resolve the situation legally and practically.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. Can police call me without giving a written notice?
Police may call you for questioning, but in non-serious offences, written notice is mandatory. Illegal arrest can be legally challenged.
2. How quickly should I contact a lawyer after a police call?
Immediately. Early legal advice must prevent the mistakes that can harm your case.
3. Can I travel while the criminal case is pending?
In most cases yes, unless restricted by court. Always consult your lawyer before travelling.
4. Will a criminal case affect my job or background verification?
Yes, pending cases may appear in background checks. Timely legal action helps reduce long-term impact.
5. Can police seize my phone or laptop?
Yes, if relevant to investigation, but seizure must follow legal procedure and documentation.
6. Can criminal cases be settled out of court?
Some minor or personal dispute cases may be settled with court permission. Serious offences cannot be privately settled.
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