In short: If police in another state have registered an FIR against you and you live in Pune, you may be able to get short-term protection from a court here. This is called transit anticipatory bail. It protects you from arrest for a limited period so that you can apply for regular anticipatory bail in the court where the FIR is. The Supreme Court allowed this in Priya Indoria v. State of Karnataka (2023), but only in genuine cases and with conditions. If you have received only a notice, a written reply and a request for another date are often the first steps.
Why out-of-state FIRs are different
An FIR in your own city is stressful. An FIR hundreds of kilometres away adds practical problems:
- Police from that state may come to Pune, arrest you and seek “transit remand” from a local Magistrate to take you back.
- Travel, leave from work, language and unfamiliar courts make it hard to respond on time.
- Notices often give a short deadline, such as seven days, to appear far from home.
The common sources are cyber-fraud cases registered in Uttar Pradesh, Madhya Pradesh, Telangana, Bihar and other states, often over a bank transfer or a “layer” account. Another is a matrimonial case under Section 85 BNS (formerly 498A IPC) filed in the wife’s home state. See our 498A and domestic violence defence and cyber law pages for those situations.
If you are arrested, you must be produced before the nearest Magistrate within 24 hours. That is a constitutional safeguard under Article 22, and the BNSS says the same. Transit protection aims to avoid reaching that stage at all.
Transit anticipatory bail explained
Ordinary anticipatory bail is granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), formerly Section 438 CrPC. It is usually sought from the Sessions Court or High Court that has jurisdiction over the place of the FIR.
Transit anticipatory bail is a limited form of that protection. A court where you live grants interim protection for a short time, so you can reach the court that has jurisdiction and apply there. In Priya Indoria, the Supreme Court held that a Sessions Court or High Court can grant such limited protection for an FIR registered in another state. It added safeguards:
- The protection should be for a limited period and with reasons recorded.
- The investigating officer and public prosecutor of the other state should be given notice.
- You must show why you cannot approach the competent court straight away, for example because of a threat to life or liberty, or illness.
- It is not available where the law of that state bars anticipatory bail for the offence.
| Transit anticipatory bail | Regular anticipatory bail | |
|---|---|---|
| Which court | Court where you live (e.g. Pune) | Court with jurisdiction over the FIR |
| Purpose | Short protection to reach the right court | Protection from arrest in the case itself |
| Duration | Limited period fixed in the order | As ordered; may last until trial |
| Next step | Must apply in the competent court within that period | Comply with conditions; cooperate with investigation |
Which court in Pune and what to file
In Pune, such an application is usually made before the Sessions Court at Shivajinagar. In some cases it may be filed before the Bombay High Court, which sits in Mumbai; there is no Pune bench. The choice depends on the facts and on how urgent the risk is.
Documents that usually help:
- A copy of the FIR or notice, or whatever details you have (station, crime number, sections)
- Proof that you live or work in Pune: Aadhaar, rent agreement, employer letter
- Reasons you cannot travel immediately: medical papers, work or family situation
- Documents that show your side of the dispute, kept brief at this stage
Courts usually list urgent bail applications within a few days. Whether interim protection is granted at the first hearing depends on the court, the sections and the facts. Read the order carefully and note the date by which you must approach the competent court.
Protection orders usually come with conditions. Common ones are: furnishing a bond, not leaving the country without permission, not contacting the complainant or witnesses, and joining the investigation when called. Breaking a condition can lead to the protection being cancelled. Keep a certified copy of the order with you when you travel, and send a copy to the investigating officer so that the police in the other state know about it.
Once you reach the competent court, you will usually need a local advocate there to file the regular anticipatory bail application. Plan this early, because the transit period can run out quickly if you wait.
If you only received a notice, not an arrest threat
A notice under Section 35(3) BNSS (formerly 41A CrPC) is not an arrest warrant. For offences punishable with up to seven years, the law prefers notice over arrest. A person who complies is generally not to be arrested unless the police record reasons.
- Reply in writing to the investigating officer, confirm your willingness to cooperate and ask for a copy of the FIR.
- If the date is impossible, ask for another date, or for questioning by video, and explain why.
- Some officers accept documents or an initial reply through an advocate; this varies by state and case.
- Travelling to appear may still be wise when the sections are minor, your documents are strong, and refusing would look like non-cooperation. Take advice before you go.
Mistakes that hurt later
- Ignoring notices or letting the deadline pass without a written reply. Non-compliance can lead to arrest under Section 35(6) BNSS.
- Switching off your phone or “absconding until it cools down”. Courts consider your conduct when deciding bail, and absconding counts against you.
- Contacting the complainant directly to pressure or plead. It can be treated as tampering or intimidation.
- Paying a “settlement” to someone who calls claiming to be from the investigating team.
NRIs visiting Pune face extra concerns, such as a lookout circular at the airport. See our page for NRIs facing criminal cases in India.
If you need advice on your situation, you can contact the office.
Related
- Anticipatory bail
- Police notice under Section 35 BNSS
- NRI criminal cases in India
- 498A and domestic violence defence
- Cyber and IT law
Frequently asked questions
How long does transit anticipatory bail last?
Only for the limited period the court fixes in its order, typically long enough to approach the competent court. The period varies, so read your order and apply in the competent court well before it ends.
Can a Pune court grant protection for an FIR in another state?
Yes, in appropriate cases. After Priya Indoria v. State of Karnataka (2023), a Sessions Court or High Court can grant limited interim protection for an FIR registered elsewhere. You must show genuine reasons, and the other state’s officer and prosecutor must be given notice.
What is the difference between transit bail and anticipatory bail?
Transit anticipatory bail is short protection from a court where you live, so that you can reach the right court. Regular anticipatory bail is protection granted in the case itself by the court that has jurisdiction over the FIR.
Do I need transit bail if I received only a 35 BNSS notice?
Not always. Many notices can be handled with a written reply and appearance. It depends on the sections, whether you are named as an accused, and any signs that arrest is intended.
I am an NRI landing in Pune next week: what should I do first?
Get the FIR details and have an advocate assess the risk before you travel, including whether a lookout circular may exist. Where the risk is real, applying for protection before you travel is often better than after you land.
This article explains the law in general terms and is not legal advice. Every case depends on its own facts.