Legal FAQs
Short, general answers. For advice on your own situation, speak to a lawyer.
- Which laws replaced the IPC, the CrPC and the Indian Evidence Act?
- The Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam (BSA) replaced the Indian Evidence Act. India Code records 1 July 2024 as the date they came into force.BNS section 358
- Is a case about something that happened before 1 July 2024 decided under the old or the new law?
- It depends on the case. The repeal and savings sections of each new law (BNS section 358, BNSS section 531 and BSA section 170) decide what carries over from the old law. Read them, or ask a lawyer about your specific situation.BNS section 358
- What is an FIR and how is it recorded?
- An FIR is the police record of information about a cognizable offence and it starts the investigation. The BNSS deals with it in section 173, information in cognizable cases. You can usually give the information in person or electronically and are entitled to a copy of the record.
- What is the difference between a cognizable and a non-cognizable offence?
- For a cognizable offence the police can generally register an FIR, investigate and arrest without a magistrate's order. For a non-cognizable offence they generally need the magistrate's order first. The BNSS deals with them in sections 173 and 174.
- Is IPS a law or a section?
- No. IPS stands for Indian Police Service, a national cadre of senior police officers. It is a government service, not an Act. The IPC (Indian Penal Code) is the old criminal law; the similar abbreviation is a common source of confusion.
- Where is anticipatory bail dealt with in the new law?
- The BNSS provision titled 'Direction for grant of bail to person apprehending arrest' is section 482. Whether bail is available in a particular case is for the court to decide, so speak to a lawyer about a real situation.
- What can I do if the police do not register my FIR?
- For a cognizable offence the police are expected to register the FIR. If they do not, you can generally take the matter to a senior police officer or to the magistrate. A lawyer can tell you which route fits your case. Keep a written record of your attempts to report it.
- What is the difference between a bailable and a non-bailable offence?
- In a bailable offence, bail is a matter of right, so the person arrested has to be released if they give the required bond or surety. In a non-bailable offence, a court decides whether to grant bail after looking at the facts. The law classifies each offence as bailable or not.
- What is the difference between a summons and a warrant?
- A summons is a court order asking a person to appear on a stated date or to produce something. A warrant is a stronger order directing the police or another person to arrest someone or to search a place. A warrant is usually issued when a summons has been ignored or the matter is serious.
- How long can the police keep a person in custody before a magistrate sees them?
- A person who is arrested generally has to be produced before a magistrate within 24 hours, not counting the time needed to travel. The BNSS deals with this in its sections on arrest and detention. Whether longer custody is allowed is decided by the magistrate.
- Does a person who is arrested have to be told the reason?
- Yes. A person arrested has to be told the grounds of the arrest and, where the offence is bailable, of the right to be released on bail. The arrest also has to be notified to a relative or friend. The exact duties are in the BNSS sections on arrest.
- Can emails, messages and other electronic records be used as evidence in court?
- Yes. The Bharatiya Sakshya Adhiniyam expressly deals with electronic and digital records and sets conditions for when they are admissible. Keeping the original message or file and details of how it was stored will help. A lawyer can advise on the conditions in your case.
- Do I have to send a legal notice before going to court?
- Not always. Many civil disputes can be filed without one, though a notice is often sent first to give the other side a chance to settle. Some matters do require it, for example a dishonoured cheque, which needs a demand notice, or certain claims against the government. Check the rule for your type of case.
- Is there a time limit for filing a case?
- Usually yes. In civil matters the Limitation Act, 1963 sets time limits that depend on the kind of claim, and a claim filed too late can be refused. Criminal cases have their own rules for some offences. Time limits also apply to appeals, so get advice early.
Not legal advice
LawMitran is not a law firm and does not provide legal advice. What you read here is general legal information; laws, fees and timelines vary by state and by the facts of your case. Using LawMitran does not create an advocate–client relationship. See our legal disclaimer.
LawMitran is not a law firm. This reference is educational information, and using it does not create an advocate–client relationship. Statutory text is available from the official source linked on each page; where the two differ, the official text prevails. Find a verified lawyer for advice on your situation.