Our Services

Complete Legal Support at Every Stage

From the moment of arrest to the final verdict, Bailjini provides end-to-end criminal defence services under the new BNSS and BNS framework. Our panel advocates practise before Mumbai's magistrate courts, sessions courts, and the Bombay High Court.

Bail Application Services

Anticipatory Bail — Section 482 BNSS

Get Protection Before Arrest

If you have reason to believe that you may be arrested in connection with a non-bailable offence, you can apply for anticipatory bail — a direction by the Sessions Court or High Court to release you on bail in the event of arrest. Under Section 482 BNSS (formerly Section 438 CrPC), this is one of the most powerful pre-emptive legal tools available to an accused person.

Bailjini's criminal lawyers act immediately on anticipatory bail matters. We assess the FIR, identify the strength of your application, and draft arguments that address the court's key concerns — ensuring you are not unnecessarily taken into custody.

What We Do

  • Urgent legal assessment upon FIR or threat of arrest
  • Drafting anticipatory bail petition under Section 482 BNSS
  • Representation before Sessions Court and/or High Court
  • Advising on conditions likely to be imposed
  • Filing for modification or extension of anticipatory bail

Need immediate representation for this matter?

Our BNSS-certified legal experts are available 24/7.

Book Legal Assistance
Frequently Asked Questions

Bail & Legal Procedure FAQs

Find answers to the most common questions regarding the new BNS/BNSS laws, bail applications, and quashing petitions in India.

General Bail & Rights FAQs

What is the difference between Bailable and Non-Bailable offences?

Bailable: In these cases, bail is your legal right. The police or the Magistrate must release you once you provide the required bond or surety.

Non-Bailable: These are more serious charges. Bail is not a right but a judicial discretion. You must convince a judge that you won't flee, tamper with evidence, or influence witnesses.

What is the new law governing bail in India?

As of July 1, 2024, the Bharatiya Nagarik Suraksha Sanhita (BNSS) has replaced the Code of Criminal Procedure (CrPC). While the core principles remain similar, specific section numbers have changed (e.g., Section 438 CrPC is now Section 482 BNSS).

What is Anticipatory Bail (AB)?

It is a "pre-arrest" bail. If you have a "reason to believe" you might be arrested for a non-bailable offence, you can apply to the Sessions Court or High Court. If granted, the police cannot take you into custody upon arrest; they must release you immediately.

Can I apply for Anticipatory Bail before an FIR is filed?

Yes. You do not need an FIR to apply for AB. You only need a "reasonable apprehension" of arrest based on specific facts, threats, or disputes.

Does Anticipatory Bail expire once the chargesheet is filed?

No. Following the landmark Supreme Court ruling in Sushila Aggarwal v. State of Delhi, anticipatory bail ordinarily continues until the end of the trial unless the judge records specific reasons to limit its duration.

What is "Default Bail" (Statutory Bail)?

If the police fail to file a chargesheet within the legal deadline (60 days for most offences, or 90 days for serious ones like those punishable by death or life imprisonment), you obtain an automatic right to bail, regardless of the merits of your case.

Can my bail be cancelled?

Yes. The police or the complainant can move the court to cancel your bail if you violate any conditions, threaten witnesses, or commit another crime while out on bail.

How does Bailjini simplify the bail process?

Bailjini connects you with specialized lawyers, helps you track your case status in real-time, and provides automated checklists for the documents you need (like ID proofs, property papers for surety, and income certificates).

Police Visit & FIR Quashing FAQs

Why should I take a Bailjini expert to the police station?

A legal expert acts as your shield. They ensure the police follow proper procedure, prevent coercive tactics, and help you avoid making self-incriminating statements. They also negotiate for your release on the spot if the offence is bailable.

Can the lawyer stay with me during interrogation?

Under Section 38 of the BNSS (formerly Section 41D CrPC), you are entitled to meet an advocate of your choice during interrogation, though not necessarily throughout the entire process. Your Bailjini expert will ensure this access is granted.

Are there special rules for women visiting the station?

Absolutely. Under the BNSS, women cannot be arrested or called to the station after sunset and before sunrise without a Magistrate's prior permission. Additionally, statements from women, children (under 15), and seniors (above 60) must generally be taken at their residence, not the police station.

What does "Quashing of FIR" actually mean?

Quashing is a legal order by the High Court that declares an FIR null and void. Once an FIR is quashed, all legal proceedings—including investigation and trials—stop immediately. It is as if the case never existed.

Which court has the power to quash an FIR?

Only the High Court of the state where the FIR was registered has the power to quash it. Neither a Sessions Court nor a Magistrate Court has this inherent power under Section 528 BNSS.

Can an FIR be quashed if the parties settle the matter?

Yes. This is very common. If the Accused and the Complainant reach a compromise in non-heinous cases (like matrimonial disputes, petty theft, or cheque bounce), they can jointly petition the High Court to quash the FIR to maintain peace. Serious heinous crimes like rape or murder cannot be quashed by settlement.

Does filing a Quashing Petition prevent my arrest?

Not automatically. However, when you file a quashing petition, your lawyer can request "Interim Protection" or a "Stay on Arrest." If the High Court finds your case strong prima facie, it may order the police not to arrest you while the petition is decided.