An FIR is the first step in the criminal justice process. It is a written complaint recorded by the police when information about a cognizable offence is received. Registration of an FIR sets the criminal law machinery into motion and allows the police to begin investigation. Registration of FIR is governed under Section 173 of the BNSS, 2023, and can be lodged at any police station, including as a Zero FIR.
Types of FIR
Bail is a legal remedy that allows an accused person to be released from custody, subject to conditions imposed by the court. Bail ensures personal liberty while securing the presence of the accused during investigation and trial, and is governed by Sections 479 to 483 of the BNSS, 2023. Bail is considered a remedy and therefore arises only after arrest or apprehension of arrest.
Types of Bail
A criminal trial is the judicial process through which guilt or innocence of the accused is determined. Trials are conducted as per the procedure laid down under the Bharatiya Nagarik Suraksha Sanhita (BNSS), ensuring fairness and due process.
STEP-BY-STEP PROCEDURE
Certain offences are governed by special statutes enacted to deal with specific categories of crime. These laws operate alongside general criminal law.
— MCOCA (Maharashtra Control of Organised Crime Act, 1999)
MCOCA was enacted to combat organised crime and criminal syndicates. It applies to serious offences involving continuous unlawful activity, organised crime networks, and use of violence or coercion for economic or other gains.
The Act provides stringent provisions relating to investigation, admissibility of evidence, and punishment, making it a specialised and strict criminal law.
— POCSO Act (Protection of Children from Sexual Offences Act, 2012)
The POCSO Act was enacted to protect children below the age of 18 years from sexual offences. Its primary purpose is to provide a child-friendly legal framework for reporting, investigation, and trial of offences involving sexual abuse of children.
The Act ensures:
— Negotiable Instruments Act, 1881
(Cheque Dishonour – Section 138)
The Negotiable Instruments Act governs transactions involving cheques. Section 138 deals with cheque dishonour cases, where a cheque is returned unpaid due to insufficient funds or other reasons.
This provision aims to ensure financial discipline and credibility in commercial transactions. The offence is punishable with imprisonment, fine, or both.
— MPID Act (Maharashtra Protection of Interest of Depositors Act, 1999)
The MPID Act was enacted to protect depositors from fraudulent financial establishments. It applies when entities default in returning deposits and involves attachment of properties to recover investors’ money.
The Act is intended to safeguard public interest and prevent large-scale financial fraud.
— NDPS Act, 1985
(Narcotic Drugs and Psychotropic Substances Act)
This law regulates and penalises offences related to narcotic drugs and psychotropic substances, including possession, consumption, trafficking, and illegal manufacture. It prescribes strict punishments and stringent bail conditions, especially in cases involving commercial quantity.
The objective of the Act is to prevent drug abuse, curb illegal drug trade, and protect public health and societal welfare.
— Domestic Violence Act, 2005
(Protection of Women from Domestic Violence Act)
This law provides protection to women against physical, emotional, economic, and verbal abuse within domestic relationships. It offers civil remedies such as protection orders, residence orders, and monetary relief, along with criminal consequences for violation of court orders.
The objective is to ensure safety, dignity, and legal protection for women within the household.
