FIR, charge sheet, charge: what actually happens in a criminal case

Most people meeting a criminal court for the first time do not know the order of events. Here is the sequence, and where the real decisions are made.

1. The FIR

The first information report records the allegation and sets the investigation going. It is not a finding of guilt. It names the sections alleged — and those sections determine whether the offence is bailable, and which court will hear it.

2. Investigation

The police record statements, seize documents or devices, and may call you for questioning. You may be arrested, or you may be served a notice to appear. Anticipatory bail, if needed, belongs here.

3. Charge sheet or closure

The investigation ends in either a charge sheet — the police say there is a case — or a closure report. There is a time limit for filing it, and if it is missed, default bail becomes available as a right.

4. Cognisance and supply of papers

The court takes cognisance and you are supplied copies of the papers relied on. Read these carefully with your advocate: the case against you is what is in this file, and nothing else.

5. Charge or discharge

This is the first genuine opportunity to end the case. If the material does not disclose the ingredients of the offence, discharge can be argued. Many cases that eventually collapse could have been stopped here.

6. Prosecution evidence and cross-examination

Witnesses depose and are cross-examined. Cases are far more often won here than in final arguments — the contradictions you extract now are what you argue from later.

7. Statement of the accused, defence evidence, arguments

You answer the circumstances put to you, lead defence evidence if it helps, and the case is argued.

8. Judgment, and after

Acquittal, or conviction and sentence. A conviction can be appealed, and bail pending appeal can be sought.

A note on the new laws

Since 1 July 2024, new FIRs are registered under the Bharatiya Nyaya Sanhita, procedure follows the Bharatiya Nagarik Suraksha Sanhita, and evidence is governed by the Bharatiya Sakshya Adhiniyam. Older matters continue under the IPC, CrPC and Evidence Act. Check which regime your FIR falls under before anything else.