Police & notices
A family member is in jail — bail, long detention as an undertrial, meeting them, parole, or death in custody
An undertrial who has spent half the maximum sentence in jail (a third, for a first offence) must be released on bail in most cases. Free legal aid is available inside every jail. If someone died in custody, a Judicial Magistrate must inquire.
Answer a few questions and get your list →What the law says
Under section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), an undertrial who has been detained for half the maximum sentence for the offence must be released on bail, and a first-time offender after one-third — this does not apply to offences punishable with death or life imprisonment, and the jail superintendent must apply to the court. Every district has an Undertrial Review Committee and legal aid clinics in jails run by the District Legal Services Authority; any prisoner is entitled to a free lawyer. Meetings (mulakat), parole and furlough are governed by each state’s prison rules. When a person dies, disappears or a woman alleges rape in police or judicial custody, an inquiry by a Judicial Magistrate is mandatory in addition to the police investigation (BNSS s.196(2)); the National Human Rights Commission is to be informed within 24 hours. Courts award compensation for custodial deaths and torture under Article 21.
General information, not legal advice.
Papers that usually help
- FIR number, police station, sections charged and the court name
Every application starts from these. - Date of arrest and the custody (remand) orders
Time served decides bail under section 479. - Prisoner number, jail name and ward
Needed for meetings, legal aid and applications. - Written request to the District Legal Services Authority for a free lawyer, with receipt
Any prisoner is entitled to a free lawyer. - Application to the jail superintendent and the court for release under BNSS s.479
The superintendent must apply once half (or a third) of the maximum sentence is served. - Medical records, photos and names of fellow prisoners or staff who saw it
Proves custodial violence or denial of treatment. - Post-mortem report and a request that it be videographed, plus the Judicial Magistrate’s inquiry number
A judicial inquiry is mandatory for any death in custody. - Proof of the reason for parole — illness certificate, wedding card or death certificate
Parole is granted for specific reasons under state rules.
Questions Saboot will ask you
- What do you need?
- Has the person been convicted?
- How long have they been in jail?
- Is the offence punishable with death or life imprisonment?
Sources
Common situations
- My son has been in jail for years and the trial has not started
- An undertrial has served half the maximum sentence
- My husband in jail has no lawyer
- The jail is not letting us meet my family member
- Need parole for a wedding or funeral in the family
- My brother is sick in jail and not being treated
- My father was beaten in jail
- My son died in police custody
- A prisoner died in jail and we were not told the reason
- Bail granted but he cannot pay the surety or bond
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