13/08/2025
What to Do If Police Files an FIR Against You? – By Advocate Yasir Tariq
Getting to know that a First Information Report (FIR) has been registered against you can be overwhelming and frightening. But it’s important to remember — an FIR is not a conviction. It is only the beginning of the legal process. How you respond next can protect your rights and your future.
Here’s a step-by-step guide on what to do if an FIR is filed against you in India:
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1. Stay Calm — Do Not Panic
An FIR simply means the police have received a complaint. Do not panic or run — doing so can create unnecessary suspicion or legal complications. Stay calm and start preparing your legal strategy.
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2. Understand the Nature of the FIR
Ask:
Is the offence cognizable (police can arrest without warrant)?
Or non-cognizable (police needs court permission to arrest)?
🔹 Cognizable offences include murder, r**e, theft, etc.
🔹 Non-cognizable ones include defamation, cheating, etc.
Knowing this helps decide the next legal steps, especially about anticipatory bail.
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3. Get a Copy of the FIR
You have a right to receive a free copy of the FIR. You can:
Get it directly from the police station
Apply online on the respective state police FIR portal
Ask your lawyer to get it through court
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4. Contact a Criminal Lawyer Immediately
Do not try to handle the matter alone. A good criminal defense lawyer will:
Analyse the FIR
Guide you on getting anticipatory bail
Talk to the police on your behalf
File necessary applications to protect you from arrest or harassment
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5. Apply for Anticipatory Bail (if applicable)
If the FIR is serious and arrest is likely, your lawyer can file for anticipatory bail under Section 438 CrPC. This helps you stay protected from arrest while the investigation is ongoing.
⚖️ If bail is granted, the police cannot arrest you unless you violate bail conditions.
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6. Don’t Give Statements Without Legal Advice
You may be called for questioning under Section 41A CrPC. Cooperate, but:
Don’t give written or recorded statements without your lawyer
Don’t sign any documents unless you fully understand them
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7. File a Quashing Petition (if FIR is false)
If the FIR is baseless or malicious, you can file a petition under Section 482 CrPC before the High Court to get it quashed. Courts do quash false FIRs in many cases, especially if:
It’s a civil dispute twisted as criminal
No evidence exists
It’s filed to harass you
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8. Start Preparing Your Defense
Begin collecting:
Any documents or evidence in your support
Witnesses or CCTV footage if available
Proof of alibi or communication records
This will help in your future bail hearing or during trial.
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9. Cooperate With Investigation
Avoid absconding or ignoring summons. Full cooperation shows good faith and can also help during bail or court proceedings.
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10. Know Your Rights
You cannot be arrested in every case automatically
You have the right to remain silent
You have the right to speak to a lawyer before giving any statement
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Final Thoughts by Advocate Yasir Tariq
Being named in an FIR doesn’t mean you’re guilty. What matters is how quickly and wisely you act. Consult a lawyer immediately, understand your legal position, and begin your defense the right way.
If you or someone you know is facing a legal crisis in Srinagar or Jammu & Kashmir, feel free to reach out. I, Adv. Yasir Tariq, am committed to providing prompt and strong legal protection to safeguard your rights.
📞 Contact Now for urgent legal help: +91 9419236712
📍 Srinagar | High Court of J&K
📧 [email protected]
