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Arrest and bail
What happens from an FIR to bail, and the safeguards the law gives a person who is arrested. Since 1 July 2024 the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 (CrPC) for new proceedings; older proceedings may still refer to CrPC sections.
Published by Master Legal Work · Sources and use of this guide
Stage by stage
FIR or complaint
Information about a cognizable offence is recorded as an FIR under s.173 BNSS (s.154 CrPC). The Supreme Court has held that registration of an FIR is mandatory when the information discloses a cognizable offence, subject also to the current statutory procedure: s.173(3) BNSS permits a preliminary enquiry, with prior permission from an officer not below Deputy Superintendent, for cognizable offences punishable with three years or more but less than seven years, to be completed within fourteen days.
Lalita Kumari v. Government of U.P., (2014) 2 SCC 1, Supreme Court of India, decided 12.11.2013 · Bharatiya Nagarik Suraksha Sanhita, 2023
Notice or arrest
Arrest is not automatic. Where arrest is not required under s.35(1) BNSS, the police must issue a notice of appearance under s.35(3). Compliance and any later necessity for arrest must be assessed under s.35(4)–(6), with recorded reasons. Section 41A CrPC applies where the earlier procedure is saved.
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, Supreme Court of India, decided 02.07.2014 · Joginder Kumar v. State of U.P., (1994) 4 SCC 260, Supreme Court of India, decided 25.04.1994 · Satender Kumar Antil v. CBI, (2022) 10 SCC 51, Supreme Court of India, decided 11.07.2022 · Bharatiya Nagarik Suraksha Sanhita, 2023
Rights on arrest
The arrested person must be told the grounds of arrest (s.47 BNSS; s.50 CrPC), a relative or friend must be informed (s.48 BNSS; s.50A CrPC), and the person must be produced before a Magistrate within 24 hours, excluding necessary journey time (s.58 BNSS; s.57 CrPC). In Mihir Rajesh Shah v. State of Maharashtra, 2025 INSC 1288 (6 November 2025), the Supreme Court required written grounds in a language understood by the person; where immediate written supply is not feasible, oral communication must be followed by written grounds within a reasonable time and at least two hours before production. The directions operate prospectively as stated in the judgment.
D.K. Basu v. State of West Bengal, (1997) 1 SCC 416, Supreme Court of India, decided 18.12.1996 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Constitution of India
Remand
The Magistrate decides whether custody is needed (s.187 BNSS; s.167 CrPC). Default bail may be invoked after the applicable 60- or 90-day period expires, subject to special-law periods and valid extensions. The accused must apply and be prepared to furnish bail before a later police report defeats an unavailed claim.
Bail
Bail in bailable offences is a matter of right (s.478 BNSS; s.436 CrPC). In non-bailable offences the court has discretion (s.480 BNSS; s.437 CrPC), and the Sessions Court and High Court have wider powers (s.483 BNSS; s.439 CrPC).
Sanjay Chandra v. CBI, (2012) 1 SCC 40, Supreme Court of India, decided 23.11.2011 · Satender Kumar Antil v. CBI, (2022) 10 SCC 51, Supreme Court of India, decided 11.07.2022 · Bharatiya Nagarik Suraksha Sanhita, 2023
Anticipatory bail
A person who fears arrest for a non-bailable offence may apply to the Sessions Court or High Court (s.482 BNSS; s.438 CrPC). The Constitution Bench has held that such protection need not be limited to a fixed period as a rule.
Sushila Aggarwal v. State (NCT of Delhi), AIR 2020 SC 831, Supreme Court of India, decided 29.01.2020 · Bharatiya Nagarik Suraksha Sanhita, 2023
Quashing
The High Court may quash an FIR or proceedings to prevent abuse of process (s.528 BNSS; s.482 CrPC). The Supreme Court has listed illustrative categories where this may be done.
State of Haryana v. Bhajan Lal, AIR 1992 SC 604, Supreme Court of India, decided 21.11.1990 · Bharatiya Nagarik Suraksha Sanhita, 2023
What to prepare
- Keep a copy of the FIR (it is available free of charge to the informant and often online through the State police portal).
- Note the exact date and time of any notice, detention or arrest.
- Collect documents that show your roots in the community: address proof, employment, family details.
- Do not contact witnesses or the complainant about the case.
Documents to keep ready
- FIR or complaint copy
- Any notice received from the police
- Arrest memo and remand orders
- Identity and address proof
- Earlier bail orders, if any
- Medical records, if relevant
Mihir Rajesh Shah: Supreme Court judgment, paras 52–58 (official court-hosted copy)
Frequently asked questions
Can the police arrest me without telling me why?
No. The grounds of arrest must be communicated to the arrested person (s.47 BNSS; s.50 CrPC), and a relative or friend must be informed (s.48 BNSS).
What is a notice of appearance?
Where arrest is not required under s.35(1) BNSS, s.35(3) requires a notice of appearance. Compliance protects against arrest for that offence unless the police record reasons why arrest is necessary; it is not an unconditional immunity (s.35(4)–(6); s.41A CrPC where saved).
What is default bail?
If the applicable investigation period expires without the required police report, the accused must invoke default bail and be prepared to furnish bail before a later report defeats an unavailed claim. Check s.187 BNSS or saved s.167(2) CrPC, special-law periods and any valid extension order.
Does anticipatory bail end when the charge-sheet is filed?
Not necessarily. The Supreme Court in Sushila Aggarwal held that it need not be limited to a fixed period as a rule; the court may impose conditions on the facts of the case.
Official sources
- Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code)
- Constitution of India (India Code)
- Lalita Kumari v. Government of U.P., (2014) 2 SCC 1, Supreme Court of India, decided 12.11.2013 (Indian Kanoon)
- Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, Supreme Court of India, decided 02.07.2014 (Indian Kanoon)
- Joginder Kumar v. State of U.P., (1994) 4 SCC 260, Supreme Court of India, decided 25.04.1994 (Indian Kanoon)
- Satender Kumar Antil v. CBI, (2022) 10 SCC 51, Supreme Court of India, decided 11.07.2022 (Indian Kanoon)
- D.K. Basu v. State of West Bengal, (1997) 1 SCC 416, Supreme Court of India, decided 18.12.1996 (Indian Kanoon)
- Sanjay Chandra v. CBI, (2012) 1 SCC 40, Supreme Court of India, decided 23.11.2011 (Indian Kanoon)
- Sushila Aggarwal v. State (NCT of Delhi), AIR 2020 SC 831, Supreme Court of India, decided 29.01.2020 (Indian Kanoon)
- State of Haryana v. Bhajan Lal, AIR 1992 SC 604, Supreme Court of India, decided 21.11.1990 (Indian Kanoon)
General information only, not legal advice. Statutory references show BNSS / BNS / BSA with the earlier CrPC / IPC / Evidence Act where relevant. Check the precise commencement notification and savings: pending proceedings may remain governed by the earlier procedural law, and the offence date determines the applicable substantive penal law. Judgments are linked as reported; check the full text and any later decisions. Last reviewed 11 October 2026.
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Related model formats
04 Regular bail application 05 Anticipatory bail application 10 Release of case property / vehicle on superdari
Each format includes factual and evidence prompts, filing checks and separate authority guidance where relevant. Adapt the format to the actual facts and governing law before use.