How Can a Bail Lawyer Help When Police Refuse to Release an Accused?
It is scary when you get arrested. However it becomes more traumatic when the police do not let you out of the police station and your family wants you out on bail.
You can hire a bail lawyer who will help you in such a situation. He can help you fight against the denial of your bail and know why you were denied bail. He can also take you to the Criminal Court.
Lets say you are a professional living in Delhi and you have been called to a police station due to some complaint. Your family thinks that you are being over charged with the crime. You talk to the Investigating officer and ask them to let you go home. But they deny you.
No one tells you what to do next.
Your family will start worrying about your stay in police custody, court dates, job and your image in society. Some think that if police denied you bail then there is no chance of you getting bail. While others think that if they hire a lawyer they will get you out of jail.
Both are wrong.
There are certain things that you should keep in mind when asking for bail under Indian law. It all depends on the type of offence you have committed. What section does it fall under and what stage you are at in the investigation process. And what conditions the court can impose on you while granting bail.
Advocate BK Singh helps you know your options when it comes to bail. He will help you know why you were arrested and what steps you can take to get yourself released from custody.
Just because the police denied you bail does not mean you will never get bail. If you are charged with a bailable offence you have the right to be released from custody as long as you meet the criteria. For non-bailable offences it's a different story.
Bharatiya Nagarik Suraksha Sanhita, 2023 has been implemented from 1st July 2024. It contains the rules and regulations regarding bail in most of the offences that come under this act.
Here we will tell you what you need to know about bail and how you can get a lawyer to help you in your time of need.
Why Police Refusal to Release an Accused Matters in India in 2026?
Not only does it deprive an individual of their liberty but can also cause them to miss out on work, family obligations, health care and running of their business.
Police Stations, Magistrate Court, Session Court, Special Court and Delhi High Court all can be involved when seeking Bail in Delhi.
Be it Mumbai, Bangalore, Hyderabad, Chennai, Kolkata, Jaipur, Lucknow, Chandigarh, Pune etc. you will face similar problems in India.
Depending on Jurisdiction, Offence and Stage of Proceedings you may approach these Courts.
It is important to note that Police cannot hold you in jail forever. There are certain checks and balances which have been put in place by the Statute.
Many times when clients come to Advocate BK Singh we ask if they have been Arrested, Interrogated or Remanded in custody.
Quick Facts
- Section 478 BNSS deals with bail which is a right in case of bailable offence if conditions are met.
- Section 480 BNSS will apply when a person can be granted bail in some cases of non bailable offence by police and court other than High Court/Court of session.
- Section 482 BNSS allows the court of session or high court to grant anticipatory bail within the confines of law.
- Section 483 BNSS grants special powers to High Court and Court of session.
- Section 187 BNSS talks about remand and period of detention which may lead to default bail.
- Article 22 of constitution safeguards few rights of an arrested person one being produced before Magistrate within stipulated time.
- Bail does not mean acquittal of accused.
What does police refuse to grant bail mean?
When Police refuse to grant bail it means that they have not granted bail to the arrested person at that point of time. This can be a valid reason or not depending upon various factors. Such as whether the offence is bailable or non bailable, how you were arrested and what law applies to your case.
If it is a bailable offence
As per section 478 BNSS you should be released if you are willing to furnish the required bail bond/personal bond.
They can't refuse you this if the complainant wants you to be detained.
There are certain situations where if you are poor you can be released on personal bond without any sureties.
If it is a non bailable offence
Just because the offence is non bailable doesn't mean you can't get bail.
You can still be released on bail depending on the allegations made against you, law, nature of offence, investigation and court's discretion.
BK Singh Advocate can help you understand what allegations have been made against you and if there is a remedy from police station or you need to apply for regular bail.
Which Indian Laws Protect an Accused When Police Refuse Bail?
Laws which governs the bail in India would be the BNSS and Constitution along with any other criminal act that may apply. One should look into what section the police have denied the bail to instead of assuming they can deny it to anyone. There are many factors that go into whether someone is granted bail or not. From how long they've been in custody to if its a bailable offence or not and why they need to keep the accused in custody.
Section 478 BNSS: Bailable Offences
If its a bailable offence and all requirements have been met then the accused should be released from custody. Police cannot deny you bail just because they didn't like your statement.
Section 480 BNSS: Non-Bailable Offences
This section applies to non bailable offences when dealing with the court or authority mentioned in the section.
They can take into account what sentence you may receive, past record, charges you're being accused of and any acts that limit them from granting you bail. Some cases can allow for bail based on the accused situation.
Section 483 BNSS: Court of Session and High Court
If you are looking for regular bail you can approach the Court of Session or High Court under section 483 BNSS. Depending on jurisdiction and laws.
There are still options you can take if they deny you bail.
Section 187 BNSS: Default Bail
You can be eligible for default bail if the police have not completed there investigation within 60 or 90 days. This will depend on what offence you are charged with and laws that may apply.
You will have to meet the criteria to receive default bail. It's important to know when you filed your case.
Constitution
Article 22 allows for safeguards to those who are arrested. Such as telling them why they are being arrested. Having a lawyer and taking them in front of a Magistrate.
An arrested individual must be taken in front of a magistrate within 24 hours not counting the travel time to the magistrate.
There are other acts that can restrict you from receiving bail. Such as the NDPS act and other acts that deal with economic crimes. You may also have to look at old acts if your case was filed under those.
People Who Need Legal Assistance When Police Do Not Grant Bail
Who Needs Legal Help After Police Refuse Release?
Some examples are as follows.
Students/Young working professionals who are detained after an altercation or FIR is lodged against them.
Businessmen who are charged with cheating, misappropriation of funds etc.
Individuals who are accused of some offence related to family or other disputes.
Working Professionals who are detained for an incident at work.
People detained on charges of Cyber Crime, Property and Money related offences.
Family Members when someone is arrested in a different city than they reside.
The offence could be true or false or there could be some misunderstanding. Its authenticity will be decided by law.
Advocate BK Singh can help your family understand what issue you are currently facing and not confuse an allegation with being guilty of a crime.
How Can a Bail Lawyer Help When Police Refuse to Release an Accused?
Bail lawyer will look into the arrest and if he is entitled to be released. He can check what are the allegations against him and approach to the concerned authority/court. It will also help you to know about remand proceedings, collect documents and not do anything which could harm your position.
To know about the custody
First thing the lawyer will have to know is where the accused is in custody.
He may have been called for question and is not arrested. There is difference between Police Custody and Judicial Custody.
BK Singh Advocate can check through the arrest papers, FIR, custody papers and court papers to find out where the accused is in custody.
If police have refused to release
There is a difference between a bailable offence and when someone is charged with a grave offence.
Having a lawyer can help you know if your position entitles you to be released or you need to approach the court.
Approach to Court
If you have to go to court then a lawyer can help you file and argue your case for bail. He will be able to tell the court about the circumstances of your detention.
The court will look at the accused involvement in the crime, evidence, flight risk, tampering with witnesses, previous criminal record and if the investigation requires his detention.
Remand Proceedings
As mentioned above a bail hearing and remand hearing are not the same thing.
When the police want to keep the accused in their custody they have to approach the competent Magistrate who will decide if the accused can be kept in custody under the relevant section.
BK Singh Advocate can help you represent your case regarding custody and bail.
Once Bail is Granted
Once the court grants you bail there are certain formalities that need to be completed. You may have to sign bonds and ensure sureties are in place. The bail order has to be communicated as well.
Sometimes the accused remains in custody due to another order or case. So don't think that once you get a favourable order you will be let out immediately.
For more information on Bail after Arrest please visit our bail page which is updated regularly.
Documents Required When Police Refuse Bail
If you have proper documentation that can help describe the case against you. Your chances of getting bail are higher.
Here are some documents you should have:
- Copy of FIR or Complaint or Case no. if available.
- Memo of arrest and when you were arrested.
- Remand and Judicial custody if any.
- Proof of identity and address.
- If there was any previous bail filed and rejected.
- Medical certificates if applicable.
- If you are working / studying or have dependents on you.
- Surety documents and id proof.
- Any other document that could be helpful.
You don't need to have all of these to speak to an advocate or get urgent representation.
Advocate BK Singh will be able to tell you what documents you need at hand and what can be produced through proper channels.
When Should You Consult a Bail Lawyer?
If you need legal help after arrest you should consult with a lawyer when the accused has been arrested. When bail has been denied although he seems to be eligible for statutory bail. Or if there is a remand date coming up.
You may want to speak to a lawyer if you are unable to find out where your loved one is being held. If there are charges of a non bailable offence in the FIR. Or if your accused has had bail denied previously.
Advocate BK Singh will be able to assess what information you have and let you know if you need to apply for statutory bail or normal bail. He can also assist with other remedies that may apply to your situation.
How BestBailLawyer can help you in case of police denying bail?
We at BestBailLawyer provide you with information and guidance regarding your arrest, detention, concerns about FIR, Regular bail, Anticipatory bail and Criminal Defence.
We can guide you through what charges have been put against you, what bail provisions apply to your case, check your custody papers and help you represent yourself in front of the appropriate court.
Our goal is to find you with the right remedy; we cannot assure you of any outcome.
We can try and help you if you are from Delhi NCR or other cities of India subject to the Court, Jurisdiction and need of your case.
FAQ
Q1. Can police deny bail in case of bailable offence?
Ans. In most cases they can't. As per section 478 BNSS if a person is charged with a bailable offence he/she will be entitled to bail once the criteria are met. If there is a prior breach of bail or other grounds to detain him then it may change the situation.
Q2. What to do if Police refuses to let your family member out?
Ans. Make sure you know about the arrest and custody of your family member. Know what charges have been made against them and consult a lawyer. Advocate BK Singh can help you understand what documents are available and what steps need to be taken. He can also advise you if you need to approach a court.
Q3. Can Magistrate give bail if Police refuses to give bail?
Ans. A Magistrate can grant bail if the offence falls under his jurisdiction. This will depend on whether the offence is bailable or non-bailable. There could be provisions under a particular Act which may restrict bail or certain circumstances may apply.
Q4. Can I get bail for non-bailable offence?
Ans. Yes. Just because an offence is non-bailable doesn't mean you can't get bail. The court will look at various factors such as what you've been accused of. Any provisions that may bar you from getting bail. If the investigation needs you to be in custody. Circumstances around you and if bail would cause any harm.
Q5. Can I file for bail without having a copy of the FIR?
Ans. You can try to file an application based on the information you have regarding the case. It all depends on the court and situation you are in. Your lawyer will be able to guide you on how to obtain these documents.
Q6. Can Police hold you for more than 24 hours?
Ans. Police have to bring you in front of a Magistrate within 24 hours of arresting you (excluding time taken to reach the court). They can keep you detained beyond this period if there are legal provisions that allow them to. Being detained for 24 hours does not automatically entitle you to bail.
Q7. What if my bail is rejected?
Ans. You can approach a higher court who has the jurisdiction to hear your case. Or you can ask for a reconsideration. Make sure to mention any previous orders rejecting your bail.
Q8. Can I get bail without giving surety?
Ans. Yes you can be released on your own bond in some situations. Section 478 BNSS allows for people who cannot afford to give surety to be granted bail in case of bailable offences. There are other scenarios as well where you can be released without surety depending on the provision and courts order.
Q9. Can I get anticipatory bail after being arrested?
Ans. Section 482 BNSS allows for anticipatory bail if you think you may be arrested for a crime. You can't use this provision if you've already been arrested for that crime. You will have to look into getting regular bail or other options available to you.
Q10. How long does it take to get bail after Police refuse to give you bail?
Ans. It varies. If its a bailable offence and you meet the criteria you can get out fairly quickly. For non-bailable offences it depends on when the court is available. What you've been charged with, if there are any provisions that may bar you from getting bail. Prosecution arguments and if you're able to complete your bond papers.
Conclusion
When Police deny you your freedom there is always going to be a sense of uncertainty. But as discussed above there are various laws to help you out in such situations.
Your Bail lawyer will help you identify if you have a statutory right to be released or if you need to apply for bail or challenge your illegal detention. All of these require you to know what law applies and the status of your custody.
Do not rely on assumptions or hearsay or half information.
Advocate BK Singh can help you analyse your situation and find the best course of action in front of the competent criminal court.
Always remember that acting early can save you from making mistakes. But having a lawyer or filing a bail petition does not ensure you will get bail.
Author Bio
Advocate BK Singh deals with bail, arrest, FIR, Police Custody and Criminal Defence related issues in India. He works on Regular Bail, Anticipatory Bail, Remand and filing petitions in competent court of law. You can know more about the relief provided under Bharatiya Nagarik Suraksha Sanhita, 2023 through this website i.e. BestBailLawyer.com. He believes in perusing through the records, provisions of law, which court has the jurisdiction to entertain such petition and advising the client accordingly. Every case will be looked upon depending upon the facts and circumstances, law and procedure involved in that particular case. No promise of result from the court is made.