Chargesheet Filed in Arms Act and BNS Case – What to Do Next

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: A chargesheet has been filed against the accused under BNS Sections 351(2)/3(5), Sections 25/27 of the Arms Act, and Section 109 BNS, based on recovery of a bullet and clothing. The accused has been in custody for 45 days. The next step is to apply for regular bail or discharge, and to challenge the chargesheet if the evidence is weak. A specialist criminal advocate can assess the merits and file appropriate applications before the magistrate.

In early March 2025, a man from a quiet neighbourhood in Indore — let's call him Rohan Gupta — found himself in deep trouble. His cousin, Vikram Malhotra, was arrested after police allegedly recovered a fired bullet and certain clothing from Rohan's house during a search. The police claimed the evidence connected Vikram to a criminal conspiracy involving a shooting incident. Vikram was arrested and spent 45 days in judicial custody, first on remand and then in prison. The family initially tried to handle things through a local lawyer, but the case was not moving. That is when they approached the Chamber of Advocate Sudhir Rao.

Advocate Sudhir Rao and his office reviewed the chargesheet, which had been filed just two days earlier. The charges included Section 351(2) BNS (criminal intimidation by threat to cause death or grievous hurt), Section 3(5) BNS (acts done by several persons in furtherance of common intention), Sections 25 and 27 of the Arms Act (possession and use of prohibited firearms), and Section 109 BNS (abetment). Advocate Sudhir Rao's expertise in criminal defence — particularly in cases involving arms recovery and chargesheet scrutiny — helped him identify that the recovery of the bullet and clothing was from a house where Vikram did not reside, and that the prosecution's case lacked direct evidence linking Vikram to the shooting. A bail application was prepared, highlighting these weaknesses. The court granted regular bail within two weeks. The case was not quashed, but the accused was released on bail pending trial.

Key Facts of the Case

• The accused, Vikram Malhotra, was in custody for 45 days — 14 days on police remand and 31 days in judicial custody.
• A chargesheet was filed under Section 351(2)/3(5) BNS, Sections 25/27 Arms Act, and Section 109 BNS.
• The alleged recovery of a fired bullet and clothing was from a different address — Vikram did not reside at that house.
• No direct evidence (eyewitness, CCTV, or forensic link) connected Vikram to the firing incident itself.
• The case was heard before the Chief Judicial Magistrate, Indore, which had jurisdiction over the offence location.
• Section 27 Arms Act (use of prohibited firearms) is non-bailable under the Arms Act, making bail a challenge.
• The bail application argued weak evidence and lack of prima facie case for the abetment charge under Section 109 BNS.
• The court granted bail on personal bond of Rs. 50,000 with two sureties, and conditions to not tamper with evidence.

The Direct Legal Answer

What should be the next step after a chargesheet is filed?

Once the chargesheet is filed, the case moves to the stage of cognizance by the magistrate. The magistrate will examine the chargesheet and decide whether to take cognizance of the offence. If cognizance is taken, the accused will be summoned. The immediate step for the accused is to apply for regular bail under Section 483 BNSS (or Section 480 BNSS for non-bailable offences). The bail application should argue that there is no prima facie case, that the accused is not a flight risk, and that further custody is not required for investigation. If bail is denied, the accused can appeal to the Sessions Court or file for anticipatory bail under Section 482 BNSS if arrest is imminent before chargesheet.

Can the accused challenge the chargesheet itself?

Yes. The accused can file a discharge application under Section 250 BNSS before the magistrate, arguing that the chargesheet does not disclose sufficient grounds to proceed. This is a strong option if the evidence is weak, such as when recovery is from a third party's house or there is no nexus to the accused. Discharge is not automatic — the court must find that no prima facie case exists. In this case, the defence focused on the absence of direct evidence, which made the chargesheet suspect. However, challenging a chargesheet requires a careful reading of the entire police report, witness statements, and forensic reports. A specialist advocate can identify inconsistencies.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Also, do not discuss the case details with anyone except your lawyer. Anything you say can be used against you. If the chargesheet mentions "further investigation" is pending, the police can still gather more evidence — cooperate if it helps your case, but only through your lawyer. And here's the thing: this type of case — involving arms recovery and chargesheet scrutiny — is not something a general practitioner handles every day. The nuances of Sections 25 and 27 of the Arms Act, and the evidentiary requirements for a Section 109 BNS abetment charge, require an advocate who has experience in criminal trial strategy and bail litigation. That can make all the difference between a prolonged custody and a quick release.

Applicable Sections of Law

• Section 351(2) BNS: Criminal intimidation by threatening to cause death or grievous hurt — punishable with imprisonment up to 7 years, fine, or both.
• Section 3(5) BNS: Acts done by several persons in furtherance of common intention — each liable as if done by him alone. This is a rule of joint liability, not a standalone offence.
• Section 109 BNS: Abetment of an offence — if the act abetted is committed, the abettor is punishable with the punishment provided for the original offence.
• Sections 25 and 27, Arms Act, 1959: Section 25 deals with possession of prohibited arms or ammunition without license; Section 27 covers use of prohibited firearms in an offence. Both are cognizable and non-bailable.
• Section 483 BNSS: Regular bail in non-bailable offences — the court considers the nature of the offence, evidence, and whether the accused is a flight risk.
• Section 482 BNSS: Anticipatory bail — filed before arrest, if the accused apprehends arrest after chargesheet or during further investigation.

Punishment and Penalties

• Section 351(2) BNS: Imprisonment up to 7 years, fine, or both. Cognizable, non-bailable, and non-compoundable.
• Section 25 Arms Act: Possession of prohibited arms — imprisonment up to 10 years and fine. Cognizable, non-bailable.
• Section 27 Arms Act: Use of prohibited firearms — imprisonment up to 14 years and fine. Cognizable, non-bailable, and non-compoundable.
• Section 109 BNS: Punishment as per the abetted offence (up to 7 years in this case). The overall sentence can run concurrently or consecutively based on court discretion.
• Fine: Typically ranges from Rs. 5,000 to Rs. 50,000, but varies by court.

Jurisdiction — Where to File the Case

For criminal matters like this, jurisdiction is based on where the offence took place — here, the district court in Indore. The chargesheet was filed before the Chief Judicial Magistrate, who has authority to take cognizance. For bail applications, the same magistrate handles regular bail; for anticipatory bail, it would be the Sessions Court or High Court. If the case involves non-bailable offences under the Arms Act, jurisdiction for bail falls under the Sessions Court if the magistrate denies it. Getting the jurisdiction right is crucial — a wrong court can delay the matter or lead to dismissal of the application.

What if Police Refuse to File FIR?

In this case, an FIR was already filed and a chargesheet submitted. But if police had refused to register an FIR, the remedy would be:

• Approach the Superintendent of Police (SP) under Section 173(4) BNSS to direct registration.
• File a private complaint before the Magistrate under Section 175(3) BNSS.
• As a last resort, file a writ petition before the High Court under Article 226 for a mandamus.

Rights of the Accused

The accused has fundamental rights that remain protected even after arrest and chargesheet — they are not waived automatically.

• Right to remain silent: Article 20(3) of the Constitution protects against self-incrimination. The accused is not required to answer questions that may incriminate him.
• Right to legal representation: Article 22(1) guarantees the right to consult and be defended by a lawyer of choice.
• Right to be produced before a Magistrate: Under Section 61(1) BNSS, the accused must be produced before a magistrate within 24 hours of arrest, excluding travel time.
• Right to know grounds of arrest: Under Article 22(1), the accused must be informed of the grounds of arrest immediately.
• Right to a copy of the FIR and chargesheet: Under Section 207 BNSS, the accused is entitled to receive copies of the FIR, chargesheet, witness statements, and other documents at the time of cognizance.

Bail Provisions

In this case, the accused sought regular bail after chargesheet was filed. Here's how bail works:

• Bailable vs Non-bailable: Sections 25/27 Arms Act and Section 351(2) BNS are non-bailable. Section 109 BNS is bailable if the abetted offence is bailable.
• Regular Bail (Section 483 BNSS): Filed after arrest or after chargesheet. The court examines evidence, likelihood of conviction, and risk of flight or tampering.
• Anticipatory Bail (Section 482 BNSS): Filed before arrest — useful if the accused fears arrest during further investigation.
• Bail Conditions: Typically include personal bond, sureties, surrendering passport, reporting to police, and not contacting witnesses.
• Strategy: Emphasise lack of direct evidence, clean record, and long custody period. Bail was granted here after 45 days because the recovery was weak.

Quashing of FIR / Case

Quashing of the FIR or chargesheet is possible under Section 528 BNSS (High Court's inherent powers). Grounds include:

• No prima facie offence is made out from the chargesheet.
• The FIR is an abuse of the process of law.
• The offence is compoundable and the parties have settled.
• Malicious prosecution with no evidence.

In this case, quashing was not pursued because the chargesheet had been filed and the accused was granted bail. Quashing is a stronger remedy before chargesheet — after that, discharge is more common unless the FIR itself is frivolous. A specialist can advise whether quashing is viable.

If You Are the Victim

• Ensure you have a copy of the FIR and all updated case status from the police.
• Preserve all evidence — clothing, bullets, photographs, CCTV footage, and communication records.
• Cooperate with the investigation — provide witness statements and any forensic evidence.
• If you fear retaliation, seek protection or a restraining order from the magistrate.
• Consult a criminal lawyer to understand your rights as a complainant, especially if the accused applies for bail or discharge.

Documents You Must Keep Ready

• Copy of the FIR and all police reports.
• Copy of the chargesheet, witness statements, and list of documents filed by police.
• Identity proof (Aadhaar, PAN, Voter ID) for bail sureties.
• Any medical reports if the victim sustained injury.
• CCTV footage or photographs of the incident (if available).
• Forensic reports (ballistics, firearm analysis) — if disclosed.
• Communication records (call logs, WhatsApp chats) if they are part of the evidence.
• Property documents if house search or recovery is challenged.

What Evidence Is Required?

• Primary evidence: The bullet itself, clothing, and any firearm recovered. These are physical exhibits that must be linked to the accused through forensic analysis.
• Documentary evidence: Seizure and recovery memos signed by witnesses, forensic lab reports, and ballistic reports.
• Witness testimony: Eyewitnesses to the firing or recovery, and police personnel who conducted the search.
• Electronic evidence: CCTV footage, call records, or messages showing conspiracy or threat.
• Circumstantial evidence: Presence of the accused at the scene, motive, or prior threats (if any).
• Chain of custody: The prosecution must prove that the bullet and clothing were not tampered with from recovery to court production.
• Defence evidence: Alibi, lack of access to the house, or false implication can be introduced through cross-examination.

How the Police Behave in Such Cases

In arms-related cases, police often treat the accused as a high-risk offender. Expect thorough searches, extended remand, and heavy reliance on recovery evidence. The police may pressure the accused to confess or implicate others. They are required under the BNSS to maintain proper records of search and seizure, and to provide a copy of the arrest memo to a nominated relative or friend. If these procedures are violated, the defence can challenge the admissibility of the recovery. The accused should not resist arrest but should immediately request a lawyer be informed.

Timeline of Legal Process

• FIR and Arrest (Week 1): Crime registered, accused arrested, and produced before magistrate within 24 hours. Remand granted for up to 14 days.
• Investigation (30-60 days): Police collect forensic evidence, witness statements, file chargesheet within 60-90 days (or seek extension).
• Chargesheet Filing (Day 45 here): Magistrate takes cognizance. Accused can apply for discharge or bail.
• Cognizance and Summons (1-2 weeks): Magistrate decides to frame charges. Accused may be summoned to court.
• Trial (6-18 months): Framing of charges, prosecution evidence, defence evidence, arguments, and judgment.
• Appeal (if convicted): To Sessions Court within 30 days; further to High Court within 90 days.

Total duration: 1-3 years for trial, depending on court backlog and complexity.

How Long Will the Investigation Take?

In this case, the chargesheet was filed after 45 days of custody. Under Section 193 BNSS, the police have up to 90 days to file a chargesheet for offences punishable with up to 10 years imprisonment, and 60 days for less serious offences. If chargesheet is not filed within the prescribed period, the accused gets a default bail under Section 187 BNSS. Here, the investigation was completed within 45 days, so no default bail arose.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

In criminal cases, settlement out of court is possible only if the offence is compoundable. Under Section 359 BNSS, compoundable offences include those listed in the table to that section. Section 351(2) BNS (criminal intimidation) and Section 109 BNS (abetment) are generally non-compoundable unless the parties settle and the court permits compounding under Section 360 BNSS in certain circumstances. Offences under the Arms Act are not compoundable at all. However, the parties can explore quashing of the FIR before the High Court if a genuine compromise exists and the court is satisfied that it does not harm public interest. For non-compoundable offences, settlement may lead to leniency in sentencing but not automatic discharge.

Common Mistakes People Make

• Engaging a lawyer without domain experience: Criminal defence — particularly involving arms recovery, chargesheet scrutiny, and bail strategy — requires specialised knowledge. A general practitioner may miss procedural nuances, leading to delays or denial of bail.
• Speaking to police without a lawyer: Anything you say can be used as evidence. Never give a statement, sign documents, or participate in a confessional interview without your advocate present.
• Destroying or hiding evidence: Tampering with recovered items or disposing of clothing can lead to additional charges of destruction of evidence.
• Posting about the case on social media: Public statements can be used against you and may prejudice the court or the investigation.
• Ignoring the chargesheet details: Not reading the chargesheet carefully can cause you to miss weak points, such as missing signatures on the seizure memo or contradictory witness statements.
• Failing to apply for bail promptly: Every day in custody adds pressure. Delay in filing bail can prolong imprisonment unnecessarily.

FAQs People Normally Have

Can I get bail if the chargesheet includes Arms Act offences?

Yes, but it is harder. Sections 25 and 27 of the Arms Act are non-bailable. However, if the evidence is weak — such as recovery from a third party's house — a strong bail application can succeed. The court considers the nature of the offence, the strength of the case, and the accused's criminal history.

What if the police add a new section later (further investigation)?

If further investigation is ordered by the magistrate, the police can file a supplementary chargesheet adding new sections. The accused must be given a copy of the supplementary report. Bail conditions may need to be revisited if new sections are added.

Is 45 days of custody normal for this type of case?

It is not unusual, especially when the police want to complete forensic testing (ballistics, DNA) before filing chargesheet. But prolonged custody without chargesheet can be challenged through default bail under Section 187 BNSS if the 60/90-day limit is crossed.

Can the accused be discharged before trial?

Yes. A discharge application under Section 250 BNSS is filed before framing of charges. The court examines whether there is sufficient ground to proceed. If not, the accused is discharged. This is a strong option if the chargesheet lacks prima facie evidence.

What happens if the accused is found guilty?

If convicted, the court will sentence based on the BNS and Arms Act provisions. The sentence can range from a few years to up to 14 years for Section 27 Arms Act. The accused can appeal to the Sessions Court within 30 days.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.