Bail concept and purpose unit 2
Bail (Section 2(1)(b)): Bail refers to the release of a person accused of or suspected of committing an
offence from legal custody under certain conditions set by an officer or court. The individual must satisfy
these conditions by signing a bond or bail bond.
Bail Bond (Section 2(d)): A bail bond is an undertaking for release with surety
1. Regular Bail (Section 478) : Regular bail is granted to an accused person after their arrest and
detention. Conditions: The court considers factors such as the nature and gravity of the offence, the
accused's criminal history, and the likelihood of tampering with evidence or influencing witnesses.
2. Interim Bail (Section 479): Interim bail is a temporary bail granted during the pendency of an
application for regular or anticipatory bail. Conditions: It is granted for a short period until the final
decision on the bail application is made.
3. Anticipatory Bail (Section 482) : Anticipatory bail is granted to an individual who apprehends arrest
for a non-bailable offense. The individual can apply for anticipatory bail directly to the High Court or the
Court of Session. The court may impose certain conditions to ensure that the individual does not abscond,
tamper with evidence, or commit a similar offense while on anticipatory bail. Conditions: The court may
impose conditions such as making the accused available for interrogation and not leaving the country
without permission.
4. Statutory Bail (Section 480) : Also known as default bail, it is granted when the police fail to file a
chargesheet within the prescribed time. Conditions: The accused is entitled to bail if the investigation is
not completed within the stipulated period.
the concept of bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, specifically Sections 478
to 482:
Section 478: General Provisions for Bail - This section outlines the general provisions for granting
bail. It states that bail can be granted to an accused person under certain conditions, ensuring their
presence at trial while respecting their presumption of innocence.
Section 479: Bailable and Non-Bailable Offence - Bailable Offences: The accused has the right to be
released on bail.
- Non-Bailable Offences: Bail is at the discretion of the court, considering factors like the severity of the
offence and the likelihood of the accused fleeing.
In non-bailable offenses, bail is not a matter of right. The court has the discretion to grant or refuse bail
based on various factors, including the nature and gravity of the offense, the criminal history of the
accused, and the possibility of the accused tampering with evidence or intimidating witnesses.
Section 480: Conditions for Granting Bail - This section specifies the conditions under which bail can be
granted, including:- The nature and gravity of the offence. - The accused's past criminal record.- The
likelihood of the accused tampering with evidence or influencing witnesses.- The accused's health and age.
Section 481: Bail Bond and Sureties - This section details the requirements for a bail bond and sureties.
It explains that the accused must provide a bond, with or without sureties, to ensure their appearance in
court.
Section 482: Anticipatory Bail - This section deals with anticipatory bail, which can be sought before
an arrest. It allows a person who anticipates arrest for a non-bailable offence to apply for bail. The court
may grant anticipatory bail with conditions, such as: - The accused must make themselves available for
questioning.- The accused must not leave the country without the court's permission.
DEFAULT Bail (Section 480)Statutory bail, also known as default bail, is a type of bail that an
accused person is entitled to when the police fail to complete their investigation within a
specified period
Section 187: Default Bail - Time Frame: The police must complete their investigation and file
the charge sheet within 60 days for offences punishable with imprisonment up to 10 years, and
within 90 days for offences punishable with death, life imprisonment, or imprisonment for more
than 10 years.
In Sikander Singh v. State of Punjab and Another, the court ruled that once an anticipatory bail application
is denied, a second application on the same grounds cannot be entertained. This ensures that repeated
applications do not undermine the judicial process and are only allowed if new grounds arise.
In State of Maharashtra v. Praful B. Desai, the Supreme Court emphasized the importance of proper
constitution and jurisdiction of criminal courts under the BNSS, ensuring that courts follow correct procedural
guidelines. This ensures the legality and fairness of the trial process.
