In criminal trials, facts alone don’t decide the outcome. The early conduct of the accused — during investigation and trial — plays a crucial role in how the case unfolds.
Over the years, I’ve seen individuals unintentionally damage their own defence, simply by misjudging what the legal system expects of them.
Here are a few procedural and behavioural mistakes that routinely affect outcomes:
1. Making statements to the police
Under Section 180 of the Bhartiya Nagarik Suraksha Sanhita 2023, statements made before the Investigating Officer cannot be used against the accused unless they lead to a recovery.
Yet, many people offer detailed narratives believing they are “cooperating.” These often create inconsistencies later in court.
2. Delaying anticipatory bail despite an FIR (482 BNSS)
Once an FIR is registered, especially for a cognizable offence, arrest may follow unless protected by anticipatory bail.
Section 35 of BNSS lays down when arrest is permitted and requires the police to justify its necessity.
3. Believing private settlement will end the case
In non-compoundable offences, informal settlements or financial compromises have no legal value unless the case is formally quashed by the High Court under its constitutional powers (Article 226).
Without such quashing, the trial will continue even if both parties have agreed to settle.
4. Ignoring police notices or summons
Under Section 35 (3) of the BNSS, when a police officer issues a notice of appearance, the accused is legally required to comply. Ignoring such a notice is often viewed as non-cooperation and may lead to escalation, including formal arrest or issuance of a warrant. It can also negatively impact the court’s perception during bail hearings. While the BNSS promotes safeguards against arbitrary arrest, those safeguards apply only when the accused engages with the legal process in good faith. Timely appearance signals cooperation—silence does not.
5. Withholding facts from your defence counsel
Lawyers can only protect what they are told. Facts that seem irrelevant to clients often become central in trial— especially during cross-examination. Full disclosure allows for better strategy, more accurate anticipatory bail drafts, and stronger final arguments.
Under BNSS, legal safeguards exist—but they benefit only those who act quickly, transparently, and strategically.
In criminal law, prevention is far stronger than correction. The earlier you act, the stronger your defence becomes.
