Understanding Your Rights After an FIR is Filed

As a criminal lawyer practicing at the Bombay High Court, I often meet individuals who are caught off-guard when an FIR (First Information Report) is filed against them. The first thing I tell my clients is: stay calm, act fast, and know your rights.

Who Should Approach Me?

If you’ve been named in an FIR, are anticipating one due to a dispute, or fear wrongful implication in a criminal case—reach out. Timely legal advice can help protect your liberty.

What Are Your Legal Rights?

1. Right to a Copy of the FIR:

You’re entitled to receive a copy from the police station where it’s registered.

2. Right to Legal Counsel:

You can immediately consult me or any criminal lawyer of your choice. I guide clients on building an anticipatory legal strategy.

3. Right to Anticipatory Bail:

If you fear arrest, we can move the Sessions Court or High Court under Section 438 CrPC.

4. Right Against Self-Incrimination:

Under Article 20(3), you are not required to make self-incriminating statements.

5. Right to Be Produced Before a Magistrate:

If arrested, you must be produced before a Magistrate within 24 hours.

Case Insight:

A client falsely accused of molestation by a disgruntled colleague approached me. We applied for anticipatory bail and got the FIR quashed under Section 482 CrPC due to lack of evidence.

My Approach:

I assess the complaint, examine potential defences, and immediately work to secure either anticipatory bail or initiate quashing proceedings if the FIR is fabricated.