First production before the Magistrate
A person arrested without a warrant has to be produced before a Magistrate within 24 hours, not counting travel time. For police stations of the Dwarka district, such as Dwarka North, Dwarka South, Uttam Nagar and Najafgarh, this is usually a Magistrate at Dwarka Courts, or the duty Magistrate on a holiday. At this stage the police may ask for police custody or judicial custody, and a bail application can be moved.
Bailable and non-bailable offences
If every offence in the FIR is bailable, bail is a right under Section 478 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the police or the court must release the person on a bond. Most FIRs involve at least one non-bailable offence, and then bail is at the court's discretion.
- Magistrate (Section 480 BNSS): can grant bail in non-bailable offences, except that the power is restricted for offences punishable with death or life imprisonment, with exceptions for women, persons under sixteen, and sick or infirm persons.
- Sessions Court (Section 483 BNSS): has wider power, and is the next step if the Magistrate refuses bail or the offence is triable by the Sessions Court.
What the court looks at
- The nature and seriousness of the accusation, and the punishment it carries.
- What the evidence shows about the accused person's role.
- Whether custody is still needed for investigation, and whether recovery is complete.
- The risk of fleeing, tampering with evidence or influencing witnesses.
- Earlier cases against the person, and how long they have already spent in custody.
- Whether co-accused with a similar role have been granted bail.
Sureties and release
When bail is granted, the court fixes a personal bond and usually one or more sureties. The surety is often a relative who brings ID, address proof and a document of value, such as a vehicle RC or a fixed deposit receipt. The court may order verification of the surety before the release order goes to the jail.
If the offence is punishable with up to seven years, arrest is not automatic. The police are generally expected to issue a notice of appearance under Section 35 BNSS first. If such a notice has been received, anticipatory bail or compliance with the notice may be the better route.
Documents to keep ready
- FIR copy, remand order and arrest memo.
- ID and address proof of the arrested person.
- Surety's ID, address proof and RC or FDR.
- Any medical papers, if health is a ground.