criminal
How to Get Bail
You or a family member has been arrested and you need to understand the bail process — types of bail, how to apply, and your rights.
- 01If arrested for a bailable offence — demand bail at the police station (it is your right)
- 02Contact a criminal lawyer IMMEDIATELY
- 03If non-bailable offence — apply for bail before the Magistrate
- 04If anticipating arrest — apply for anticipatory bail in Sessions Court or High Court
- 05The arrested person must be produced before a Magistrate within 24 hours
- 06If charge sheet not filed within 60/90 days — apply for default bail
- 07Request free legal aid from DLSA (15100) if unable to afford a lawyer
- 08Do NOT sign any confession or statement without a lawyer present
- Copy of FIR
- Arrest memo
- Medical examination report (if done)
- Evidence of roots in the community (address proof, property, family ties)
- Employment proof and income documents
- Character references and community standing
- Previous clean record (if any)
- Bail application (regular/anticipatory)
- Copy of FIR
- Address proof and ID proof of accused
- Surety bond documents (property papers of surety)
- Employment/income proof
- Medical reports (if health grounds for bail)
- Police Station — For bail in bailable offences
- Magistrate Court — Regular bail for non-bailable offences
- Sessions Court — Anticipatory bail and regular bail
- High Court — If lower courts reject bail
- Supreme Court — In exceptional cases
- District Legal Services Authority — Free legal aid (15100)
- BNSS Section 478 — Regular bail (by court order)
- BNSS Section 482 — Anticipatory bail (before arrest)
- BNSS Section 187(3) — Default bail (if charge sheet not filed in time)
- Article 21 — Right to life and personal liberty
- Article 22 — Right to be informed of grounds of arrest
Bail is a fundamental right in India — the general principle is 'bail is the rule, jail is the exception.' Under BNSS, there are three types of bail: regular bail (Section 478), anticipatory bail (Section 482), and default bail (when charge sheet is not filed within time). For bailable offences, bail is a right and police must grant it at the station. For non-bailable offences, bail requires a court order. The court considers the nature of the offence, evidence, likelihood of fleeing, and the accused's background.
When to see a lawyer
Contact a criminal lawyer IMMEDIATELY upon arrest. Bail applications require legal expertise to draft properly. Free legal aid is available through NALSA (15100) and DLSA for those who cannot afford a lawyer.