Common Criminal Charges in India and Your Legal Rights
Being named in an FIR, summoned for questioning, or arrested is disorienting — even for people who have done nothing wrong. One of the biggest sources of panic in these situations is simply not knowing what the charge actually means, what the possible consequences are, and what rights protect you at every stage.
Since July 2024, India’s criminal law framework has operated under three new codes: the Bharatiya Nyaya Sanhita (BNS), 2023, which replaced the Indian Penal Code (IPC) and defines offences; the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the CrPC and governs arrest, investigation, and trial procedure; and the Bharatiya Sakshya Adhiniyam (BSA), 2023, which replaced the Indian Evidence Act. Many people — and even some older reference material online — still refer to IPC sections that no longer apply to offences committed after that date.
At Elixir Legal Services, one of Mumbai’s trusted criminal defense law firms, we regularly guide clients and their families through exactly this confusion. This guide breaks down the most common criminal charges people face in India today, under the current BNS framework, along with the legal rights that protect every accused person from the moment of arrest.
Most Common Criminal Charges in India Under the BNS
1. Theft (BNS Sections 303–307)
Theft — dishonestly taking movable property without consent — remains one of the most frequently registered offences in India. Punishment depends on the value involved and any aggravating factors like theft in a dwelling house or theft after preparation to cause hurt.
2. Cheating and Fraud (BNS Section 318)
Formerly IPC Section 420, this section covers dishonestly inducing someone to part with property or money through deception. It’s commonly invoked in financial fraud, real estate disputes, business disputes, and online scams.
3. Criminal Intimidation (BNS Section 351)
Threatening someone with injury to their person, reputation, or property in order to cause alarm or to compel them to act against their will falls under this section. Aggravated criminal intimidation — such as threats to cause death or grievous hurt — carries enhanced punishment.
4. Assault and Hurt (BNS Chapter VI — Offences Affecting the Human Body)
This broad category covers everything from simple assault to grievous hurt, and includes offences causing death by negligence. The severity of the charge, and whether it is bailable, depends heavily on the nature and intent behind the injury caused.
5. Robbery, Extortion, and Burglary (BNS Chapter XVII)
These property offences carry heavier penalties than simple theft because they typically involve force, threat, or unlawful entry. Robbery and extortion in particular are treated as serious, often non-bailable offences.
6. Sexual Offences (BNS Chapter V)
The BNS retains and, in several respects, strengthens the IPC’s provisions on rape, sexual harassment, stalking, and voyeurism, with stricter thresholds and penalties in cases involving minors. These are treated as grave offences with limited scope for bail.
7. Cyber Crime and Digital Offences
While the BNS does not carry a standalone “cybercrime” chapter, it extends existing offences — forgery, criminal intimidation, defamation, and sexual harassment — to cover online conduct such as fake digital documents, online stalking, and non-consensual sharing of private images, often read alongside the Information Technology Act, 2000.
8. Cheque Bounce Cases (Section 138, Negotiable Instruments Act)
Though not part of the BNS itself, cheque dishonour remains one of the most common criminal-adjacent matters in Indian courts, particularly in business and lending disputes, and is a frequent area of white-collar criminal litigation.
9. Defamation and Criminal Insult (BNS Sections 356 and related provisions)
Statements — spoken, written, or increasingly online — that harm a person’s reputation can attract criminal defamation charges, distinct from a civil defamation suit for damages.
10. Offences Against the State and Public Tranquility (BNS Chapters VII and XI)
This includes offences endangering India’s sovereignty and unity (which replaced the older sedition provision), unlawful assembly, and rioting — categories that carry serious consequences given their impact on public order.
If you’ve been named in an FIR under any of these sections, it’s worth reading our detailed guide on Civil Law vs. Criminal Law: Key Differences You Should Know to understand which legal track your matter falls under and what standard of proof applies.
Your Legal Rights If You Are Accused or Arrested
Regardless of which charge you’re facing, the Constitution and the BNSS guarantee every accused person the same core protections.
1. The Right to Know the Grounds of Arrest Under Article 22(1) of the Constitution and Section 47 of the BNSS, you must be informed of the reasons for your arrest immediately. This is not optional, and its violation can be challenged before a magistrate.
2. The Right to Consult a Lawyer Article 22(1) and Section 38 of the BNSS guarantee your right to consult a legal practitioner of your choice, including while being interrogated. Do not answer questions or sign anything without your lawyer present.
3. The Right Against Self-Incrimination Article 20(3) of the Constitution protects you from being compelled to be a witness against yourself. You have the right to remain silent, and anything said without legal counsel present can be used against you later.
4. The Right to Be Produced Before a Magistrate Within 24 Hours Sections 58 and 57 of the BNSS require the police to produce you before a magistrate within 24 hours of arrest, excluding travel time. Failure to do so renders continued detention unlawful.
5. The Right to Bail For bailable offences, bail is a matter of right. For non-bailable offences, it’s at the court’s discretion, and a skilled lawyer can pursue anticipatory bail (before arrest) or regular bail depending on your situation.
6. The Right to Free Legal Aid Under Article 39A of the Constitution and Section 341 of the BNSS, if you cannot afford a lawyer, the state must provide one through the Legal Services Authority — this right cannot be denied simply because you didn’t formally request it.
7. The Right to Inform a Family Member The police are required to promptly inform a nominated family member or friend about your arrest and place of detention.
We’ve covered what to actually do in the critical first hours after an arrest — including what not to say or sign — in our detailed guide: What to Do When You or Your Near One Is Arrested in Mumbai.
Why the Charge You’re Facing Changes Your Strategy
Not all criminal charges are treated equally under Indian law, and understanding the category your case falls into shapes everything — from bail eligibility to trial strategy:
- Bailable vs. non-bailable — determines whether bail is a right or a matter of judicial discretion
- Cognizable vs. non-cognizable — determines whether police can arrest and investigate without a magistrate’s prior approval
- Compoundable vs. non-compoundable — determines whether the matter can be settled between parties or must proceed to trial
This is exactly why generic information only goes so far, and why an early conversation with an experienced criminal defense lawyer matters more than most people realize. The specific section you’re charged under, and the facts of your case, determine which of these categories apply — and that, in turn, determines your options.
How Elixir Legal Services Can Help
Elixir Legal Services represents clients across a wide range of criminal matters in Mumbai — from white-collar fraud and cheque bounce cases to cyber crime, property-related offences, and serious criminal litigation. Our criminal law practice covers:
- Anticipatory and regular bail applications
- FIR quashing and criminal writ petitions
- Defense representation in Sessions Courts and the Bombay High Court
- Criminal appeals against conviction or sentencing
- Cyber crime and financial fraud defense
If you or a family member has been charged, summoned, or arrested, don’t wait to seek legal counsel — the first 24 to 72 hours are often the most consequential window in any criminal case.
Facing a criminal charge or need urgent legal advice? Contact Elixir Legal Services for a confidential consultation, or learn more about our team on our About Us page.
Frequently Asked Questions
Q1. Is the IPC still applicable to any criminal cases in India? Yes, but only to offences committed before July 1, 2024. Offences committed on or after that date are governed by the Bharatiya Nyaya Sanhita (BNS), 2023.
Q2. What’s the difference between a bailable and non-bailable offence? For bailable offences, you are entitled to bail as a matter of right. For non-bailable offences — typically more serious charges — bail is granted at the discretion of the court based on the facts of the case.
Q3. Can I get anticipatory bail before I’m even arrested? Yes. If you have reason to believe you may be arrested in a non-bailable offence, your lawyer can apply for anticipatory bail from the Sessions Court or High Court to prevent arrest, subject to conditions the court may impose.
Q4. Do I have to answer police questions during investigation? No. Article 20(3) of the Constitution protects your right against self-incrimination. You are not required to answer questions that could incriminate you, and it’s advisable to have a lawyer present during any questioning.
Q5. What should I do immediately if a family member is arrested? Contact a criminal defense lawyer immediately, confirm the grounds of arrest have been communicated, and ensure the 24-hour production-before-magistrate rule is being followed. See our detailed arrest guide for a step-by-step breakdown.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Criminal law is fact-specific and outcomes vary by case. Please consult a qualified criminal defense lawyer for advice specific to your situation.
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