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.
Release When Police Miss the Chargesheet Deadline
If the police fail to file a chargesheet within the statutory window of 60 or 90 days, you have an automatic right to default (statutory) bail. Under Section 479/480 BNSS, this is an indefeasible right to liberty that must be claimed before the chargesheet is filed.
Our advocates monitor your detention periods and apply immediately to ensure you don't miss the window. We compile custody tracking data, establish the exact day of expiry, and represent you before Magistrate and Sessions courts in Mumbai.
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Find answers to the most common questions regarding the new BNS/BNSS laws, bail applications, and quashing petitions in India.
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.
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).
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.