This guide explains, step by step, how bail works in India under the Bharatiya Nagarik Suraksha Sanhita, 2023: the kinds of bail, which court decides, what to keep ready and what happens after bail is granted.
Mara Vakil editorial team · Updated 16 October 2026
To apply for bail, find the FIR number and sections, check whether the offence is bailable, and file the application before the Magistrate, Sessions Court or High Court as the offence requires. Anticipatory bail is sought under Section 482 BNSS before arrest, and default bail under Section 187 BNSS if the chargesheet is late.
From 1 July 2024 the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973. FIRs registered before that date generally continue under the old Code. The bail provisions are broadly similar, but the section numbers have changed, so applications must cite the correct law.
Every offence is classified as bailable or non-bailable in the schedule to the BNSS. For a bailable offence, bail is a right under Section 478 BNSS, and the police or court must release the person on furnishing bail. For a non-bailable offence, bail is at the discretion of the court.
A person in custody for a non-bailable offence applies for regular bail before the Magistrate under Section 480 BNSS, or before the Sessions Court or High Court under Section 483 BNSS. The court considers the nature and seriousness of the accusation, the evidence, the likely punishment, the risk of flight, the risk of influencing witnesses and the person's past record. The court may grant bail with conditions such as reporting to the police, surrendering a passport or not contacting witnesses.
A person who reasonably fears arrest for a non-bailable offence can apply for anticipatory bail under Section 482 BNSS before the Sessions Court or the High Court. The application must show specific facts that create the fear of arrest. The court may grant interim protection and then decide the application after hearing the prosecution. Where the person is in one state and the case is registered in another, courts have in some situations granted limited transit protection so the person can approach the competent court.
If the police do not file the chargesheet within 60 days, or 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more, the accused becomes entitled to bail under Section 187 BNSS, provided the application is made before the chargesheet is filed. This is often called default or statutory bail.
For offences punishable with up to seven years, the police are generally expected to issue a notice of appearance under Section 35 BNSS instead of arresting straight away, and to record reasons if they arrest. The Supreme Court's guidelines in Arnesh Kumar v. State of Bihar (2014) and Satender Kumar Antil v. CBI (2022) emphasise that arrest should not be routine and that bail applications should be decided promptly.
The accused or sureties execute bonds as ordered, and the release order is sent to the jail. All conditions must be followed strictly. Bail can be cancelled if conditions are breached, if the accused tries to influence witnesses or for other serious reasons. The accused must attend court on every date unless exempted.
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The sections above explain the kinds of bail. This part of the guide walks through the process itself, the way a family actually experiences it: the phone call that someone has been arrested, the search for the FIR, the drafting, the hearing, the bonds and the wait outside the jail gate. It is written for the relatives and friends who usually do this running around, and for anyone who wants to understand what their advocate is doing at each step.
| Stage | What happens | Typical time |
|---|---|---|
| Arrest and first production | Within a day of arrest the person is taken before a magistrate, who decides between police custody and jail | Day 1 |
| Collecting papers | FIR copy, arrest memo, remand order, details of sections and police station | Hours to a day |
| Drafting | The advocate prepares the application, affidavit and annexures | Same day to two days |
| Filing and notice | The application is filed and the public prosecutor is given a copy; the court may call for the police report | Same day to a week |
| Hearing | Arguments by both sides, sometimes the complainant too | One or more dates |
| Order | Bail granted with conditions, or refused with reasons | Same day or reserved |
| Bonds and verification | Personal bond and surety bonds executed, sureties verified | Same day to a few days |
| Release | The jail receives the release order and lets the person go | Usually the same evening or next day |
These times are only a rough picture. Court workload, the seriousness of the charge, holidays and whether the police report is ready all change them.
Most families learn of an arrest through a phone call from the police station or from the arrested person. Panic is natural, but a few calm steps in the first hours make the bail process much quicker.
At the first production, the magistrate may send the person to police custody, so the police can question them, or to judicial custody, which means jail. Police custody is still capped at fifteen days in total, but the BNSS lets the police ask for those days in instalments within the first 40 days, or 60 days for graver offences, instead of only in the first fifteen days as under the old Code. Your advocate can oppose police custody and ask for bail at the same hearing.
A bail application stands on documents. Without the FIR, an advocate can only guess at the allegations. Here is where each paper comes from.
| Document | Where to get it | Why it matters |
|---|---|---|
| FIR copy | Free from the police station to the informant; for the accused, from the State police website where FIRs are uploaded, or from the court with the remand papers | Shows the allegations, sections, date and complainant |
| Arrest memo and grounds of arrest | Given to the arrested person and the nominated relative at arrest | Shows date and time of arrest and whether safeguards were followed |
| Remand order | Court file; the advocate can inspect or apply for a copy | Shows custody status and the next date |
| Earlier bail orders | From the court that passed them | Must be disclosed in any new application |
| Medical records | Family, hospital or jail medical officer | Supports bail on health grounds |
| Proof of roots in society | Address proof, employment letter, property papers, family details | Shows the person is unlikely to abscond |
The Supreme Court directed in 2016 that FIRs should be uploaded on police websites within a day of registration, except in sensitive cases such as sexual offences, insurgency or matters involving children. Many States now let anyone download an FIR by entering the police station and FIR number. If the FIR is not online, the accused can apply to the magistrate for a copy.
The police case diary and statements of witnesses are not given to the accused at the bail stage. The court can look at the case diary, and the prosecutor will rely on it. The full police report and documents come to the accused only after the chargesheet is filed.
Ask the family and the arrested person whether any bail application has been filed before, in any court, by any advocate. Every application must disclose earlier ones and their outcome. Concealing a rejected application can lead to dismissal and an adverse remark.
A well-drafted bail application is short, accurate and easy for a busy judge to read in two minutes. Most applications follow the same skeleton, whatever the court.
Judges read dozens of bail pleas each day. The applications that stand out are calm and factual. Attacking the complainant, exaggerating hardship or making claims the record cannot support tends to backfire. A plea that states the allegations fairly and then shows, ground by ground, why custody is not needed is easier to grant, and easier for a higher court to uphold if the prosecution challenges it.
The criminal law guide explains the investigation and trial stages that affect which grounds are strongest at a given time.
Which court hears the application depends on the offence and the stage of the case. The paperwork is similar, but the routine of each forum is different.
For offences triable by a magistrate, the first bail application usually goes to the magistrate who has the remand file. Applications are often filed in the morning and taken up the same day or the next, after the court calls for the police report or hears the assistant public prosecutor. Magistrates cannot ordinarily grant bail in offences punishable with death or life imprisonment, which go to the Sessions Court.
The Sessions Court hears bail in serious offences, appeals against a magistrate's refusal in practice through a fresh application, and anticipatory bail. The application is filed in the court's filing section, a copy is served on the public prosecutor, and the court issues notice to the State for a reply, often calling for the case diary or a status report from the investigating officer. The first date is commonly within a few days.
Bail and anticipatory bail petitions in the High Court are filed through its registry or e-filing portal in the court's prescribed format, with an index, synopsis, list of dates, the petition, affidavit and annexures. An advance copy is usually served on the State's counsel. Fresh matters are listed for a first hearing where notice is issued and a status report called for. Urgent listing can be sought by mentioning the matter where the court allows it.
Against a High Court's refusal, a special leave petition can be filed in the Supreme Court through an advocate-on-record. The Court may issue notice and, in some cases, grant interim bail. Most bail matters are settled at the lower levels, and the Supreme Court is a last resort.
In Satender Kumar Antil v. CBI (2022), the Supreme Court set a working target: about a fortnight to dispose of a regular bail plea and about six weeks for a plea for pre-arrest bail, unless something exceptional intervenes. If an application is adjourned repeatedly, your advocate can remind the court of these directions.
Families are often surprised by how short a bail hearing is. After hours of waiting, the matter may be argued in five minutes. Knowing what to expect helps.
Arrive early with copies of every document. The advocate checks the cause list for the item number and whether the police report or status report has been filed. If the investigating officer has to bring the case diary, the matter may wait until the officer arrives.
The defence advocate briefly states the allegations, the custody period and the main grounds. The public prosecutor replies, usually relying on the case diary and the seriousness of the offence, and may cite the accused's criminal record, the risk of absconding, or the possibility of influencing witnesses. The judge may ask questions about the role of the accused, recovery of articles, and the stage of investigation.
For certain offences, including atrocity cases against Scheduled Castes and Scheduled Tribes and some sexual offences, the person who was harmed or who lodged the FIR has a legal right to be told of the bail plea and to argue against it. In other cases, the complainant may engage an advocate to assist the prosecution. Expect the hearing to be adjourned if notice has not yet been served on a person entitled to it.
The judge may grant bail on the spot, reserve the order for later in the day or another date, or refuse bail. An order granting bail states the bond amount, the number of sureties and any conditions. An order refusing bail gives reasons, which are important for the next application.
A condition should serve the aim of securing attendance and protecting the investigation, and should be possible to comply with. Conditions that are impossible to meet, such as a very large cash deposit for a poor accused, can be challenged and modified.
An order granting bail does not open the jail gate by itself. Several formalities follow, and delays here are common. Knowing the steps lets the family prepare in advance.
Ask the advocate to obtain a copy of the order, signed or uploaded, the same day. Read the conditions carefully: bond amount, number of sureties, whether sureties must be local, whether a cash deposit is allowed instead, and any reporting or travel conditions.
A surety promises the court that the accused will turn up for every hearing, and risks having to pay the sum named in the bond if that promise fails. Courts usually want sureties who are adults, live within the court's jurisdiction or the same State, and can show they are able to pay the amount. Each surety typically brings:
A surety should understand the responsibility before signing. If the accused absconds, the court can forfeit the bond and recover the amount from the surety.
The accused signs a personal bond and each surety signs a surety bond before the court or its clerk. If the accused is in jail, the personal bond is often signed there or produced through the jail. The court may get the sureties' documents verified, sometimes through the police, which can take a day or more.
Once bonds are accepted, the court issues a release order addressed to the jail superintendent. In many places this now goes electronically. The jail releases the person after checking that they are not wanted in any other case. Release often happens in the evening.
Many undertrials remain in jail after bail because they cannot arrange sureties. In 2023, in proceedings on a policy strategy for grant of bail, the Supreme Court told jails that when a prisoner is still inside a week after being granted bail, they must alert the District Legal Services Authority, which can help, and that courts may consider relaxing conditions where bonds are not furnished within a month. If the family cannot find sureties, ask the advocate to apply to modify the conditions, for example to accept a personal bond alone or a smaller amount.
From release onwards, the accused must attend every hearing unless exempted, follow reporting and travel conditions, and stay away from witnesses. Breach of conditions is one of the most common reasons bail is cancelled. Keep the bail order and a list of conditions where the whole family can see them.
If a condition becomes hard to follow, such as a job offer in another city or a family emergency abroad, apply to the court that imposed it for modification before acting. Travelling first and asking later can lead to cancellation.
Anticipatory bail is sought before an arrest, when a person reasonably fears being arrested in a non-bailable case. The process has its own rhythm.
Without interim protection, the police may arrest the applicant before the court decides. If that happens, the anticipatory bail plea usually becomes infructuous and a regular bail application has to be filed instead. This is one reason to ask for interim protection at the very first hearing.
A Constitution Bench of the Supreme Court held in Sushila Aggarwal v. State (NCT of Delhi) (2020) that protection granted before arrest does not automatically end after a set number of days; it can normally run until the trial concludes, although a judge may set an end date or special terms in a given case.
In Priya Indoria v. State of Karnataka (2023), the Supreme Court held that a Sessions Court or High Court may, in exceptional cases and with conditions, grant limited interim anticipatory bail to a person facing an FIR in another State, so that the person can approach the court with jurisdiction. Notice must be given to the investigating officer and public prosecutor of the other State.
Some laws restrict anticipatory bail, for example the SC/ST (Prevention of Atrocities) Act in cases where a prima facie case is made out, and the BNSS provisions for certain sexual offences against children. Your advocate will check whether any bar applies before filing.
Default bail, also called statutory bail, arises when the police fail to complete investigation within the time the law allows. It is a right, but only if claimed at the right time.
A refusal is not the end of the road. What to do next depends on which court refused and why.
The order refusing bail will say why: the seriousness of the offence, the stage of investigation, the risk of tampering, criminal antecedents or something else. The next step should answer those reasons, not simply repeat the earlier application.
These are fresh applications rather than appeals in the strict sense, but the earlier order and its reasons are placed before the higher court.
A second application in the same court is entertained when circumstances have changed: the chargesheet has been filed and custody is no longer needed for investigation, a co-accused with a similar role has been granted bail, the trial has been delayed, the accused's health has worsened, or new facts have come to light. The application must state clearly what has changed since the last refusal. Courts have discouraged repeat applications on the same grounds, sometimes with costs.
Each new application should list every earlier one in order, with the court, date and result, and attach the orders. A clear history helps the judge see quickly what has changed and avoids any suggestion of concealment.
Even while regular bail is refused, courts can grant interim bail for a short period for a specific reason such as surgery, the death or serious illness of a close relative, or a family wedding. The person must surrender when the period ends.
Under Section 479 of the BNSS, a prisoner awaiting trial who has already been inside for half the longest sentence the offence carries, or a third of it if this is a first offence, is entitled to release on a bond, except in offences punishable with death or life imprisonment and certain other cases. Jail superintendents are required to move the court in such cases. If your relative has been in custody for a long time, ask the advocate to check whether this applies.
The law allows courts to grant bail to a woman even in serious offences where it would otherwise be restricted, and courts give weight to factors such as young children dependent on her. A woman is ordinarily not to be arrested between sunset and sunrise; doing so needs special circumstances and advance written leave from a magistrate.
Anyone below eighteen is handled under the juvenile justice law of 2015, which has its own bail rule, rather than under the BNSS bail sections. The Juvenile Justice Board is required to release the child on bail with or without surety, unless there are reasonable grounds to believe release would bring the child into association with known criminals, expose the child to danger, or defeat the ends of justice. If there is doubt about age, raise it at once with documents such as a school certificate or birth certificate.
Age and serious illness are recognised grounds. Medical records from a recognised hospital, and a request for an examination by a medical board, make the ground concrete.
Some statutes impose stricter conditions. Under the NDPS Act for commercial quantities, the Prevention of Money Laundering Act and the Unlawful Activities (Prevention) Act, the court must be satisfied of additional conditions before granting bail, for instance that there is good reason to think the accused did not commit the offence, or a first look at whether the accusation appears true. Courts have also held that prolonged custody and delay in trial can justify bail even under these laws. Applications in such cases need especially careful drafting.
Courts usually require surrender of the passport, local sureties and conditions on leaving the country. The embassy or consulate can sometimes help arrange documents or a local surety.
If the person is wanted in other FIRs, bail in one case does not secure release. Each case needs its own bail, and the jail will not release a person who is also in custody in another matter. Ask the police or the jail which cases are pending against the person.
There is no government fee to apply for bail in most courts beyond a small court fee stamp or none at all. The main cost is the advocate's professional fee, which varies with the city, the court, the seriousness of the case and the advocate's experience. A simple plea in a magistrate's court for a minor charge will cost a fraction of a fiercely opposed pre-arrest bail plea in a High Court. Agree the fee in advance and ask what it covers: drafting, appearances, getting the order and help with bonds. Read the legal fees guide for how advocates usually charge.
The bond amount fixed by the court is not a fee. A surety bond is a promise to pay if the accused absconds; money changes hands only if the court orders a cash deposit instead of sureties, which is usually refundable at the end of the case.
| Situation | Rough time to release |
|---|---|
| Bailable offence, sureties ready | Same day, often at the police station |
| Non-bailable offence, magistrate, minor case | One to a few days |
| Serious offence, Sessions Court | One to three weeks |
| High Court after refusal below | Two to six weeks, longer if adjourned |
| Special law offences | Often several months |
These are only typical patterns, not promises. Holidays, court vacations and whether the police report is ready change them.
If you need an advocate for a bail matter, post the matter with the police station, FIR number and sections. An enrolment-checked criminal law advocate near you will call. Mara Vakil does not charge clients to find or consult advocates, and the fee is agreed directly with the advocate. Anyone held in custody qualifies for a free lawyer through legal services authorities if money is a problem; see free legal aid eligibility. For a fuller picture of bail law, read the bail lawyer guide, and for bail practice in your city see, for example, bail in Delhi or bail in Mumbai.
Not every bail situation starts with an arrest. Many people discover that a court has issued a warrant against them because they missed a date, did not receive a summons, or moved house. The process here is different.
A bailable warrant lets the police release the person on furnishing a bond to appear in court. A non-bailable warrant directs the police to arrest and produce the person before the court. Courts usually issue a bailable warrant first and move to a non-bailable warrant if the person still does not appear.
Where there is a pending non-bailable warrant or an FIR in which arrest is likely and anticipatory bail is not available, an accused can surrender before the court and apply for bail at the same time. This avoids an arrest at an inconvenient moment and lets the court decide bail immediately. The advocate files a surrender application with the bail application, and the person appears in court in person. If bail is refused, the person is taken into custody from court, so the family should be prepared for that possibility.
If a person avoids a warrant for a long time, the court can declare them a proclaimed person and order attachment of property. Under the BNSS, a proclaimed offender can in some cases even be tried in absence. Dealing with a warrant promptly avoids these consequences.
Complaints of cruelty and dowry harassment often go first to a police mediation or women's cell. The cruelty offence is punishable with a maximum of three years, so in most such cases the officer should first send a written notice calling the accused for questioning; the Supreme Court has repeatedly warned against arresting family members as a matter of course. Many accused in such cases seek anticipatory bail, and courts frequently refer the parties to mediation while the bail plea is pending. See the family law guide.
Dishonour of a cheque under the Negotiable Instruments Act is a bailable offence tried on a complaint. The accused is usually summoned rather than arrested; on appearance, bail is granted on a bond. Trouble starts only when the accused ignores summons and warrants follow. See the cheque bounce notice service.
The police of another State may register the FIR, and the accused may live far away. Interim protection to approach the right court, joining investigation by video where allowed, and dealing with frozen bank accounts often run alongside bail. See the cyber law guide.
Causing death or injury by rash or negligent driving is generally bailable, and drivers are often released by the police station on bond. The vehicle is usually released separately on an application to the magistrate.
Cheating and criminal breach of trust complaints arising out of business or property deals often lead to anticipatory bail applications. Courts look closely at whether the dispute is essentially civil, and sometimes grant protection on condition of depositing part of the disputed amount, though the Supreme Court has cautioned against turning bail into a recovery process. See the property law guide.
The following is an illustration, not a real case, built to show how the steps fit together in an ordinary non-bailable matter before a district court.
Ravi, a 28-year-old delivery executive, is picked up by the police after a scuffle outside a shop in which the shopkeeper was injured. The FIR mentions voluntarily causing hurt with a dangerous weapon, which is non-bailable, and criminal intimidation. His brother gets a call from the police station around 9 p.m. He goes to the station, learns the FIR number and the sections, and is told Ravi will be produced before the magistrate the next day. He calls an advocate recommended by a neighbour, who asks him to bring Ravi's Aadhaar card, the address proof of the family home and the identity papers of two possible sureties.
The advocate downloads the FIR from the State police website, notices that the injury is described as simple, and drafts a short bail application overnight. At the first production, the police ask for two days of police custody to recover the weapon. The advocate opposes it, pointing out that the weapon is described as a stick already seized at the spot according to the FIR. The magistrate sends Ravi to judicial custody for fourteen days and lists the bail application for Monday, calling for a reply from the police.
The assistant public prosecutor files a short reply opposing bail on the ground that the complainant fears threats. The advocate argues that Ravi has no previous cases, has a permanent address and a job, and that the injury is simple. The magistrate grants bail on a personal bond of a moderate amount with one surety in the like amount, with conditions not to contact the complainant and to appear on every date.
Ravi's uncle, who owns a scooter and has a ration card at a local address, agrees to stand surety. He brings his identity proof, address proof and the scooter's registration certificate. The bonds are executed before the court clerk; the court accepts the surety after checking the documents. The release order is sent to the jail that evening, and Ravi is released on Tuesday morning.
In a more serious case, the same steps take longer: the police may get custody for questioning, the bail application may go to the Sessions Court, the prosecutor may oppose strongly and the surety may need property papers or a solvency certificate. The sequence, though, stays the same.
Bail involves more people than most families expect. Knowing each person's role helps you know whom to ask for what.
| Person | Role | What to ask them |
|---|---|---|
| Investigating officer | Runs the investigation, prepares the case diary and the reply to the bail plea | FIR number, sections, where the person is held, next court date |
| Station house officer | In charge of the police station; can release on bail in bailable offences | Whether the offence is bailable and station bail is possible |
| Public prosecutor | Represents the State and argues on the bail plea | Through your advocate only |
| Defence advocate | Drafts, files and argues the application, and helps with bonds | Grounds, likely timeline, fee, documents needed |
| Legal aid counsel | Free advocate for those who cannot pay, appointed by the legal services authority | At the court's legal aid desk or the District Legal Services Authority |
| Magistrate or judge | Decides remand and bail | Only through the advocate in court |
| Court clerk | Manages the file, bonds and release order | Status of bonds and when the release order will go |
| Jail superintendent | Holds the person and releases on receiving the order | Whether the release order has arrived, other pending cases |
| Surety | Guarantees attendance by bond | Willingness and documents |
Families sometimes try to speak to the prosecutor or the judge directly. This does not help and can harm the case. Let the advocate handle the court; the family's job is to gather documents, arrange sureties and keep the advocate informed.
Bail can be withdrawn. The prosecution or the complainant can apply to cancel it, and the court can do so if conditions are broken or new facts emerge. The process usually runs like this: an application for cancellation is filed with the reasons, the accused is given notice and a chance to reply, and the court decides after hearing both sides. If bail is cancelled, the accused is taken back into custody.
An advocate who answers these plainly is likely to keep you informed through the process. If you are looking for one, read how the advocate directory works or how to choose an advocate.
While the bail application is pending, the person in custody needs support, and the family needs to stay in touch with both the person and the advocate.
Prisons allow family visits, often called mulaqat, on fixed days and times, with identity proof. Many States now let families book visits online through the prisons' visitor management system, and some allow video calls. Rules differ by State and prison, so check the prison department's website or ask at the jail gate.
An advocate can meet the client in jail for a legal interview, which is separate from family visits. This is the time to go over the facts, the FIR and the bail grounds. Families can help by passing on questions and documents through the advocate.
Prisons usually allow money to be deposited in the prisoner's personal account for canteen purchases, and permit limited clothing and medicines with the jail's approval. Ask the jail what is allowed rather than relying on others' experience elsewhere.
If the person has a medical condition, give the advocate copies of prescriptions and records at once. The court can direct the jail to provide treatment, and serious illness can support an application for interim bail.
Phone calls from prisons may be recorded. Avoid discussing the facts of the case on such calls or in letters, and never ask the person to contact witnesses. Leave all discussion of the case to the advocate's legal interviews.
| Word | Meaning in practice |
|---|---|
| Personal bond | The accused's own written promise to appear, backed by a stated sum. |
| Surety bond | A third person's written promise, backed by a sum, that the accused will appear. |
| Cash surety | Money deposited in court instead of a surety, where the court allows it; usually refunded at the end. |
| Release order | The court's written direction to the jail to free the person; in some northern courts called a rubkar. |
| Solvency certificate | A certificate from the revenue authorities showing a surety's property worth, sometimes asked for large bonds. |
| Interim bail | Temporary release for a fixed period or until the main plea is decided. |
| Interim protection | An order that a person who has not been arrested should not be arrested until the next date. |
| Transit bail | Short protection so a person can reach the court that has jurisdiction over a case in another State. |
| Exemption application | A request to excuse the accused from appearing on a particular date. |
| Forfeiture | The court declaring the bond amount payable because the accused failed to appear. |
| Status report | The police account of where the investigation stands, filed in response to a bail plea. |
| Parity | The argument that the accused should get bail because a co-accused with a similar role did. |
For families, the move from the old Code to the BNSS mostly shows up as new section numbers in papers. A few practical changes matter more.
Our legal news page carries a table linking old and new section numbers for the provisions that come up most in bail matters, and explains recent Supreme Court rulings on arrest and re-arrest.
Often yes for bailable offences. For non-bailable offences it depends on the court's listing and the prosecution's reply.
Yes. Every bail application must disclose earlier applications and their outcome.
Usually identity and address proof, and proof of property or income if the court asks for it.
Yes. An application can be made to the court that imposed them for modification on valid grounds.
Short-term release on specific grounds such as medical treatment or a family emergency, often while the main application is pending.
Yes. Anyone in custody who cannot afford an advocate is entitled to free legal aid.
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This page gives general information about Indian law. It is not legal advice and is not an advertisement or solicitation by any advocate. Laws and court practice change; confirm the position for your case with an advocate before acting. Mara Vakil is a technology platform, not a law firm. Read our disclaimer.
Many State police websites let you download an FIR using the police station and FIR number. Otherwise the advocate can get a copy from the court with the remand papers.
Yes. The advocate can oppose police custody and apply for bail at the first production.
Most courts accept an adult family member or friend living locally who can prove who they are, where they live and that they could pay the bond sum.
Not at the time of bail, unless the court orders a cash deposit. A surety pays only if the accused absconds and the court forfeits the bond.
Bonds may not have been accepted yet, sureties may still be under verification, the release order may not have reached the jail, or the person may be in custody in another case.
Ask the court to modify the condition, for example to accept a personal bond or a smaller amount. The District Legal Services Authority can also help.
The Supreme Court's guideline is roughly two weeks for a regular bail plea and six weeks for a pre-arrest bail plea, except in unusual situations.
From the date of the first remand by the magistrate. The longer period applies to offences punishable with death, life imprisonment or at least ten years.
Ordinarily it can continue until the end of the trial, unless the court fixes a time limit or conditions.
Yes, if circumstances have changed since the last refusal, such as filing of the chargesheet or bail to a co-accused with a similar role.
No. A child in conflict with the law goes before the Juvenile Justice Board, which ordinarily releases the child on bail and cannot place a child in an adult jail.
Generally not after sunset and before sunrise, except in exceptional circumstances with the prior permission of a magistrate.
It provides for release on bond of an undertrial who has spent half the maximum sentence in custody, or one-third for a first-time offender, subject to exceptions.
Yes. Courts often require surrender of the passport. Apply to the court for permission before any foreign travel.
Usually only a small court fee or none. The main cost is the advocate's fee, agreed directly with the advocate.
Yes, on the prison's visiting days with identity proof. Many States allow online booking of visits and some allow video calls.
A term used in some northern courts for the release order sent to the jail after bonds are accepted.
Through an advocate, file an application to recall it explaining why you missed the date, and appear in person before the court.
Yes. A surrender application can be filed with a bail application, though if bail is refused you will be taken into custody.
A cash surety deposited in court is generally refunded at the end of the case if all conditions were followed.
Generally the old Code of Criminal Procedure, since the BNSS applies to cases registered from 1 July 2024.
Yes. Under the BNSS the fifteen days of police custody can be sought in parts during the early weeks of detention. The defence can oppose each request.
Many courts hear bail matters by video where their rules permit, and the accused in jail often appears by video link.
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