What Happens after an FIR is filed?

What Happens After an FIR Is Filed?

An FIR (First Information Report) is the formal starting point of a criminal case. Once an FIR is registered under Section 154 of the Code of Criminal Procedure (CrPC), the criminal justice machinery is set into motion. Many people believe that filing an FIR immediately results in arrest, but that is not always the case. The steps that follow depend on the nature of the offence, the evidence available, and the discretion exercised by the police within the boundaries of law.

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After registration, the police begin the process of investigation under Section 156 CrPC. This includes visiting the place of occurrence, collecting evidence, recording statements of witnesses under Section 161 CrPC, and securing documents or objects relevant to the case. In cognizable offences, the police do not require prior court permission to investigate. However, the investigation must be fair, impartial, and strictly in accordance with law.

1. Preliminary inquiry may be conducted in certain categories of cases before a full investigation begins.
2. Collection of evidence such as documents, electronic records, medical reports, and forensic material.
3. Recording statements of witnesses and persons acquainted with the facts of the case.

It is important to understand that arrest is not mandatory in every case after an FIR is filed. The Supreme Court has repeatedly held that arrest should be made only when it is necessary—for example, to prevent absconding, tampering with evidence, or influencing witnesses. In many cases, notice of appearance under Section 41A CrPC is issued instead of immediate arrest.

Registration of an FIR does not mean the accused is guilty; guilt is established only after investigation and trial in accordance with law.

• Arrest may be made if legal conditions under Section 41 CrPC are satisfied.
• Notice of appearance may be issued instead of arrest.
• Medical examination of the accused is mandatory after arrest.

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• Bail can be sought immediately in bailable offences.
• Judicial custody requires production before a magistrate within 24 hours of arrest.
• Police remand can be granted only by a court and for limited periods.

Filing of Charge Sheet or Closure Report

After completion of the investigation, the police are required to submit a report to the magistrate under Section 173 CrPC. This report determines the future course of the case. If sufficient evidence is found, a charge sheet is filed against the accused. If not, a closure or final report may be submitted.

“What happens next depends on the court.” The magistrate may take cognizance of the offence, reject the closure report, order further investigation, or proceed to trial. Only after the court applies its judicial mind does the matter formally move into the trial stage.

Understanding the stages after an FIR is filed is crucial for protecting one’s legal rights. Early legal advice can often prevent unnecessary arrest, procedural violations, and long-term consequences. Criminal law is as much about safeguarding personal liberty as it is about investigation and prosecution.