Theme: Police & Courts

Anticipatory Bail

The law allows a person to apply for bail even when he has not been arrested, but fears arrest in the near future. This type of bail is known as anticipatory bail. The police cannot arrest a person who has an anticipatory bail order.  

 

Anticipatory bail will kick in only when an FIR is filed against you or if the police have come to arrest on the basis of the FIR. It isn’t available in all states; such as Uttar Pradesh.  

 

Often, fake and frivolous cases are filed against other people. This leads to harming of reputation and time of other persons. To avoid such problems, a person, if they have reasons to believe that they may be arrested for a non-bailable offence in the future, can apply for bail in the High Court or the Court of Session even before they are arrested. If the court finds good reasons for this bail application, then the court may allow for bail. When an application for anticipatory bail is finally being heard, it is compulsory for the person applying for this bail to be present before the Court. 

 

The protection provided by this type of bail is only for a limited period and generally till the police have framed the charges against you. However, one can make an application to the High Court to have this period of anticipatory bail extended.

 

Authority to Arrest

While different authorities in law have the right to make arrests, they are generally carried out by the police. Please read our explainer to understand more about arrests by police.

Besides the police, the law also gives power to Magistrates, to arrest people and take them into custody, if the person has committed an offence. There are two types of Magistrates i.e. Executive Magistrates and Judicial Magistrates. An example of an Executive Magistrate is Tehsildar. A Judicial Magistrate is a judge.  

Under certain circumstances, the law does permit ordinary people to make arrests if they witness someone committing a very serious crime. In such cases, the person arresting can’t detain them but instead must take them to the nearest police station without any unnecessary delay and hand them over to a police officer.

How to Apply for Legal Aid?

When you apply for legal aid, you will require the following documents at the minimum:

  • A proof of identification: Aadhar Card is most commonly accepted, but you can ask if your State’s authority accepts other proofs. 
  • An affidavit proving you are eligible for legal aid. For example, if you are claiming you are eligible because your income is below the level specified, then you will have to give an affidavit of your income, as proof. 

 

Apart from the two documents given above, please ask your nearest Legal Authority Office for more details on the documents required, as the procedure varies across states. 

 

You can apply for free legal aid in four ways(( FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs; National Legal Services Authority- Getting Started Guide, https://nalsa.gov.in/lsams/pdf/NALSA-Getting_Started_Guide_0.1.pdf; Claiming Free Legal Aid / Application Procedure, National Legal Service Authority, https://nalsa.gov.in/services/legal-aid/claiming-free-legal-aid-application-procedure.)):

  • Online (Through the Website)
  • Online (By Email)
  • In-person (In Writing)
  • In-person  (Orally/Speaking directly to the authorities)

 

Online Procedure (Through the Website)

Step 1: You should log in on the National Legal Services Authority’s website here. 

Step 2: You should fill in all the required details, which have been divided into six parts: Legal Aid Application, Legal Aid, Personal Details, Legal Aid Details, Case Details and Attach Document. For detailed instructions on filling the form, please see here. 

Step 3: Once you have filled out the form, and attached the required documents as per your case, click on “Submit”.

Step 4: You can track the status of your application here. 

 

Online Procedure (By Email)

You can send your application online to this email address. If you choose this option, ensure you add the necessary details, such as  your name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal aid, etc.((  Claiming Free Legal Aid / Application Procedure, National Legal Service Authority, https://nalsa.gov.in/services/legal-aid/claiming-free-legal-aid-application-procedure.))

 

In-Person Procedure (In Writing)

Step 1: You should go to the front office of the nearest Legal Services Authority. You can approach NALSA  anytime between Monday and Friday – from 9:30 am to 6 pm. The address of NALSA is 12/11, Jam Nagar House, New Delhi-110011(( Claiming Free Legal Aid / Application Procedure, National Legal Service Authority, https://nalsa.gov.in/services/legal-aid/claiming-free-legal-aid-application-procedure.)). The other Legal Services Authorities in your state, district or taluk can also be approached within their office hours at their addresses which can be checked on their respective websites. You can access the website of your state’s Legal Services Authority through the list given here. 

Step 2: You should fill up the ready-made form/application form that is available. You can also find this form online. For example, for Delhi, you can access the form here.  You can also make an application in writing on a simple piece of paper with the necessary details such as your name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal aid, etc. 

Step 3: You should submit the filled-out form/application at either the authority physically, or post the application to the authority. They will guide you on the next steps to take, clarification or other documents required.

 

In-Person Procedure (Orally)

It is also possible to make your application orally – a paralegal volunteer or an officer will assist you in such cases at the front office of the legal service authority. 

 

Once your application has been accepted, it will be processed and you will receive confirmation about whether or not you will receive legal aid. 

Who can you complain to regarding a grievance under the law?

Any person can file a complaint against a third party on an alleged offence of contempt of court. Such an application can be forwarded to either the Supreme Court, High Court, or to the court of Judicial Commissioner in cases of Union Territories, in the form of a petition. However, such an application can only be made with the written consent of: 

  • Attorney General or Solicitor General, in case of the Supreme Court.(( Section 15(1)(b), read with Explanation (a) of Section 15, Contempt of Courts Act, 1971.)) 
  • Advocate General, in case of High Courts.(( Section 15(1)(b), read with Explanation (b) of Section 15, Contempt of Courts Act, 1971.))
  • The Law Officer specified by the Central Government, in case of the court of Judicial Commissioner.(( Section 15(1)(b), read with Explanation (c) of Section 15, Contempt of Courts Act, 1971.))

Reporting a Crime/Atrocity

If a crime has been committed against you owing to your identity as member of the Scheduled castes or scheduled tribes, you can approach any of these places to get immediate relief: 

Police

You can either call 100 or visit a police station to report the incident. The police will note down your details and if needed arrive at your location to provide you immediate help. They will write down your information and details of the incident in an FIR and provide you with a copy of it, free of cost. 

National Commission for Scheduled Castes 

The National Commission for Scheduled Castes is a body set up under the Constitution to investigate and monitor the interests of the Scheduled Castes. They also have the power to inquire into specific complaints in cases where members of Scheduled Castes are deprived of their rights. You can either call their toll free helpline or visit their website for more information.  

Toll Free Number: 1800 1800 345

Website: http://ncsc.nic.in/

Email: ncsccomplaints@gmail.com

Contact details of State Commissions: http://ncsc.nic.in/contactus 

National Commission for Scheduled Tribes

Like the NCSC, there exists a National Commission for Scheduled Tribes as well. They have the power to investigate into complaints registered for atrocities committed against the members of Scheduled Tribes. 

Website: https://ncst.nic.in/

Contact information for the National Commission as well as its regional offices can be found here: https://ncst.nic.in/content/contact-us

SC/ST Protection Cell 

SC/ST Protection Cells have been set up in different States and Union Territories across India. The head of these cells is usually a high ranking police officer of the State or UT, like the Inspector General of police or the Additional Director General of Police. If you want to approach such a cell in your state, take the help of the nearest police station.

Manual Scavengers

If you are being forced to work as a manual scavenger or know someone who is being forced, please complain to the police or the National Commission for Safai Karamcharis. Please know that the practice of manual scavenging is prohibited under law. For more information please read this. 

Using mobile phones while driving

You cannot use a mobile phone while driving any motor vehicle, as it can pose a danger to the driver and the public. It can also be considered as dangerous driving, for which, you will be punished with:

  • First Time (First Offence): Jail time between 6 months to 1 year or a fine between Rs. 1,000 to Rs. 5,000, or both1. The applicable fine amount might vary across states.
  • Subsequent Offence: If you commit this offence within three years of committing your first offence, you will be punished with jail time of up to 2 years or a fine of Rs. 10,000, or both1. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

State Frequency of Offence Fine Amount (In INR)
Delhi First Offence 1,000 – 5,000

 
Any Subsequent Offence 10,000
Karnataka First Offence Two/Three-Wheeler – 1,500 

Light Motor Vehicle – 3,000 

Others – 5,000

 
Any Subsequent Offence 10,000
  1. Section 184, The Motor Vehicles Act, 1988. [↩]

Conditions for Applying for Anticipatory Bail

The person who is applying for anticipatory bail has to satisfy or promise to satisfy the following conditions:

 

  • The person should make themselves available for interrogation by a police officer when required.
  • The person should not, directly, or indirectly induce, threaten or promise any person who knows the facts of the case to stop them from disclosing such facts to the court or to any police officer.
  • The person should not leave India without the prior permission of the court.
  • Other conditions are similar to that of regular bail.

 

Fundamental Right Against Illegal Arrests

If someone you know has been detained or arrested by police or any authority who refuses to give any reasons for the detention, then in such cases, the arrested person or the relative/s of such person can file a Habeas Corpus petition before any High Court or the Supreme Court of India. 

The Constitution of India grants everyone a fundamental right to ask the Court to order the detaining authority to produce the person so arrested and request the court to investigate if the arrest was legal.

This fundamental right is exercised when a person is arrested and kept in the custody of a detaining authority: 

  1. without being informed of the reasons for the arrest; or
  2. is denied the right to be defended by a legal practitioner of their choice.  

This fundamental right is extremely broad. Please talk to a legal practitioner to understand more of when a Habeas Corpus writ can be filed. 

Help and Support

You can reach out to the National Legal Services Authority to lodge a complaint here. You can lodge a grievance and track your application.

 

You can email or call the state-wise authorities (Legal Service Authorities) given below in case of a grievance, or if you need help and support. 

State Helpline Number/Contact Number Email Address Postal Address 
Delhi 1516 dslsa-phc@nic.in, 

dlsathebest@rediffmail.com

 Delhi State Legal Services Authority,

Central Office, Pre – Fab Building,

Patiala House Courts, New Delhi.
Haryana 18001802057 http://www.hslsa.gov.in/helpline Haryana State Legal Services Authority,

Institutional Plot No.09,Sector-14 Panchkula (Near Kisan Bhawan)
Kerala +91 9846 700 100 kelsakerala@gmail.com Member Secretary,

Office of the Kerala State Legal Services Authority,

Niyama Sahaya Bhavan,

High Court Compound

Ernakulam, Kochi,

Kerala State
Himachal Pradesh +91 94180 33385

15100 (toll-free)

Nyaya Sanyog: 0177-2629862

 mslegal-hp@nic.in The Member Secretary, HP State Legal Services Authority, Block No. 22, S.D.A. Complex, Kasumpti, Shimla
Maharashtra 1800 22 23 24 mslsa-bhc@nic.in 105, High court (PWD) Building, Fort, Mumba.
Gujarat 18002337966  msguj.lsa@nic.in 3rd Floor, Near Gujarat High Court Post Office,

Gujarat High Court Campus,

Sola, Ahmedabad
Madhya Pradesh 15100 mplsajab@nic.in
Assam  0361-2601843, 2516367 mailto:assamslsa1@gmail.com Assam State Legal Services Authority, Adjacent to Gauhati High Court New Block
Orissa 0671-2307071 oslsa@nic.in Odisha State Legal Services Authority,

S.O.20,

Cantonment Road (Gopabandhu Marg), Cuttack
Tamil Nadu 1516 tnslsa.lae@gmail.com Tamil Nadu State Legal Services Authority,

North Fort Road, High Court Campus,

Chennai 
Karnataka 1800-425-90900 Karslsa@gmail.com Karnataka State Legal Services Authority,

Nyaya Degula Building, 1st Floor, H.Siddaiah Road,

Bengaluru

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