Bail & Anticipatory Bail Lawyer Consultation

Understanding bail in India

Since 1 July 2024, bail is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure. The key principles remain the same: liberty is the rule and custody the exception, but the court considers the seriousness of the offence, the evidence and the risk of absconding or tampering with evidence.

Types of bail

• Regular bail – for a person who has been arrested and is in custody.
• Anticipatory bail – a direction, sought before arrest from the Sessions Court or High Court, that the person will be released on bail if arrested in the case (Section 482 BNSS).
• Interim bail – temporary bail while a regular or anticipatory bail application is pending.
• Default bail – where the investigation is not completed within the statutory time limit.

Bailable and non-bailable offences

For bailable offences, bail is a right and can be given by the police or the magistrate. For non-bailable offences, bail is at the court’s discretion, and the right strategy and presentation matter a great deal.

Documents to keep ready

• A copy of the FIR, complaint or police notice
• ID and address proof of the accused
• Details and ID of sureties who can stand bail
• Proof of employment, business or studies, and family responsibilities
• Medical records, if health is a ground
• Any documents showing the dispute is civil or already being settled

Conditions courts commonly impose

• Appearing before the court or the investigating officer when required
• Not leaving the city or the country without permission, and sometimes surrendering the passport
• Not contacting or influencing witnesses or the complainant
• Not committing any further offence
• Furnishing a bond and sureties for the amount fixed by the court

Breaking these conditions can lead to the bail being cancelled, so they must be followed carefully.

Default bail

If the police do not file the charge sheet within the period allowed by law – generally 60 or 90 days from the first remand, depending on the offence – the accused becomes entitled to bail, known as default bail. The application must be made before the charge sheet is filed, so the dates need to be tracked closely.

What our consultation covers

• Review of the FIR, complaint or police notice
• Whether the offence is bailable or non-bailable and the likely approach of the court
• Which court to approach and how urgently
• Documents, sureties and conditions to prepare
• Your rights if you are questioned or arrested

For cyber-related allegations, see our cyber crime consultation.