How people usually put it
An FIR has been registered against my son, what happens now. Police called me for questioning. How long will this case go on. Charge sheet ittu ennu paranju, ithu enthu cheyyum. FIR ittu, ini enthokke nadakkum. കേസ് എത്ര നാൾ നീളും. ചാർജ് ഷീറ്റ് ഇട്ടു.
The stages, in order
- FIR — the First Information Report records a cognizable offence. A free copy is a right, and it is generally available on the Kerala Police website.
- Investigation — the police record statements, collect documents and objects, and may seek custody. A person may be called for questioning by a notice; attending with a lawyer is allowed.
- Arrest, or a notice instead of arrest — for offences punishable with under seven years, BNSS section 35 usually requires a notice of appearance rather than arrest.
- Bail — bailable offences carry bail as a right; non-bailable offences need an application before the Magistrate or Sessions Court. Anticipatory bail under BNSS section 482 is applied for before arrest.
- Charge sheet (final report) — filed by the police before the Magistrate when the investigation finds material; a closure report is filed when it does not. The accused is entitled to copies of the charge sheet and the statements relied on.
- Default bail — if the charge sheet is not filed within 60 days (offences punishable with under ten years) or 90 days (ten years or more), bail becomes a right, provided the application is made before the charge sheet arrives.
- Cognizance and committal — the Magistrate takes cognizance; serious offences triable by the Sessions Court are committed to it.
- Framing of charges, or discharge — the court hears both sides. Charges may be dropped at this stage if the material does not disclose an offence.
- Trial — prosecution evidence and cross-examination, the accused's statement, defence evidence, arguments.
- Judgment — acquittal or conviction, then sentencing. An appeal lies to the Sessions Court or High Court within the prescribed period.
How long it takes
Ordinary cases run for years rather than months. Summons cases (lighter offences) move faster than warrant cases. Adjournments, witness attendance and the court's load drive the pace far more than the strength of the case.
What helps the accused, and the complainant
- Attend every hearing; absence can lead to a warrant or to dismissal of a complaint.
- Keep a personal copy of every filing, with dates, and note the next date at each hearing.
- Witnesses should be told their dates early; an unavailable witness delays everything.
- A compoundable offence can be settled with the court's permission; Lok Adalat can close many such matters in one sitting.
- Free legal aid through the District Legal Services Authority covers an advocate for those eligible — an accused person in custody is eligible as of right.
If the police do nothing
Where an FIR is refused, the remedies are a written complaint to the Superintendent of Police, then a complaint to the Magistrate, who may order an investigation. Where the investigation stalls, a petition before the High Court can seek directions.
This guide is legal information, not legal advice, and reading it creates no advocate–client relationship. Laws change and every case turns on its own facts. For anything serious, consult an advocate — and if you cannot afford one, the District Legal Services Authority will give you a lawyer free of cost.
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