Being arrested, or learning that the police may arrest you or a family member, is frightening. The law gives every person clear rights at this stage, and in many cases arrest can be avoided altogether or bail secured quickly if the right steps are taken early.
If you fear arrest: anticipatory bail
If an FIR has been registered, or you have reason to believe one will be, and the offence is non-bailable, you can apply for anticipatory bail under Section 482 of the BNSS (formerly Section 438 CrPC). The application can be made before the Sessions Court in Gurugram or the Punjab and Haryana High Court.
- The court can grant interim protection, directing that you are not arrested until the application is decided.
- Conditions are usually imposed, such as joining the investigation when called and not leaving the country without permission.
- Moving early, before the police take coercive steps, generally strengthens the application.
If someone has been arrested: regular bail
- For bailable offences, bail is a right; release follows once a bond is furnished.
- For non-bailable offences, an application is made before the Magistrate (Section 480, BNSS) or before the Sessions Court or High Court (Section 483, BNSS).
- If the police do not file the chargesheet within the time allowed (generally 60 or 90 days depending on the offence), the accused can claim default bail under Section 187 of the BNSS.
Your rights on arrest
- To be told the grounds of arrest and whether the offence is bailable (Section 47, BNSS).
- To have a relative or friend informed of the arrest (Section 48, BNSS).
- To be produced before a Magistrate within 24 hours (Section 58, BNSS).
- To consult a lawyer of your choice, and to remain silent rather than make statements that may be used against you.
Notice to appear instead of arrest
For offences punishable with up to seven years, the police are generally required to issue a notice to appear under Section 35(3) of the BNSS (formerly Section 41A CrPC) instead of arresting straight away. Complying with that notice and cooperating with the investigation usually protects against arrest.
How we can help
- Urgent assessment of the FIR or complaint and the risk of arrest
- Drafting and arguing anticipatory and regular bail applications, including on short notice
- Representation when you are called to join the investigation
- Applications to modify or relax bail conditions
Documents to keep ready
- Copy of the FIR or complaint, or any notice received from the police
- Identity and address proof, and details of a person who can stand surety
- Any documents or messages that show your side of the matter