Bail

Bail is the conditional release of a person accused or suspected of an offence from the custody of law, secured by a bond or bail bond that obliges them to appear before the court whenever required during the pendency of criminal proceedings. It reflects the principle that liberty is the rule and pre-trial detention the exception, balancing the accused's freedom against the interests of justice and the need to secure their presence at trial.

Legal basis

Bail is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure, 1973 with effect from 1 July 2024. For the first time in Indian law, Section 2(1)(b) expressly defines "bail," alongside "bail bond" (release with surety) and "bond" (personal bond without surety). The main operative provisions are Section 478 (bailable offences), Section 480 (non-bailable offences), Section 482 (anticipatory bail) and Section 483 (special powers of the Court of Session and the High Court).

Types of bail

• Regular bail — release after arrest, during investigation or trial (Sections 480 and 483).
• Anticipatory bail — pre-arrest protection sought from the Court of Session or High Court when arrest is apprehended (Section 482).
• Default (statutory) bail — an indefeasible right where investigation is not completed within the prescribed period under Section 187 BNSS.
• Interim bail — short-term relief granted while a regular or anticipatory application is pending.

Bailable vs non-bailable offences

In a bailable offence, bail is a matter of right and may be granted by the police or the court on execution of a bond. In a non-bailable offence, it is discretionary, weighed against the gravity of the charge, the strength of the evidence, flight risk and the likelihood of tampering with witnesses.