Criminal Law

Act fast

Someone hit me in a fight. What case can I file?

You can file a case for causing hurt. For a minor injury, police usually only record a non-cognizable report (NCR) and the case goes through a Magistrate. If a weapon was used, or there is a fracture or other serious injury, police must register an FIR.

Someone is threatening me. Is that a crime?

Yes, often. Threatening to harm you, your family, your property or your reputation, to scare you or force you to do something, is criminal intimidation. Threats to kill, cause serious injury or set fire to property can bring up to 7 years in jail.

Act fast

My phone or bike was stolen. What should I do?

Report it to the police quickly and get a copy of the FIR. Theft is generally a cognizable offence (police can act without court permission). For a phone, also block the SIM and block the handset on Sanchar Saathi (CEIR). For a bike, tell your insurer at once.

Someone took my money and cheated me. Criminal case or civil?

It depends on the intention at the start. If the person lied from the beginning to get your money, it is cheating, a crime. If they meant to pay or deliver but failed later, it is usually only a civil dispute, and you recover the money through a civil suit.

Someone is spreading lies about me. Can I file defamation?

Yes. You can file a criminal complaint before a Magistrate, a civil suit for damages, or both. Police cannot start a defamation case on their own; the person defamed must complain to the court. A true statement made for the public good is not defamation.

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A man keeps following and harassing me. What can I do?

This is a crime, and you can file an FIR. A man who keeps following or contacting a woman after she has clearly shown she is not interested, or watches her online activity, commits stalking. Unwanted touching, sexual remarks or demands for sexual favours are sexual harassment.

Someone entered my house or land without permission. What can I do?

Entering or staying on property in your possession to commit an offence, or to scare, insult or annoy you, is criminal trespass. Doing this in your home is house-trespass, which is punished more. Both are cognizable, so police can register an FIR.

Act fast

Someone filed a false case against me. What are my options?

Fight it through the law, not by confronting the complainant. If you fear arrest, a lawyer can seek anticipatory bail. The High Court can quash an FIR that is clearly false or an abuse of process. After you are cleared, you can act against the person who falsely accused you.

Can a criminal case be settled by compromise?

Sometimes. In minor offences like simple hurt, theft, criminal trespass, threats and defamation, the victim can settle (compound) the case. Some, like grievous hurt or criminal breach of trust, need the court's permission. Serious crimes cannot be compounded; only the High Court can quash them, and only in limited cases.

Can I hit back to defend myself or my family?

Yes. Everyone has a right of private defence to protect their own or another person's body and property. But you may use only as much force as is needed to stop the attack, and only while the danger lasts. Causing death is allowed only in very serious situations.