Since 1 July 2024, criminal procedure is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the CrPC.
- Anticipatory bail (Section 482 BNSS, earlier Section 438 CrPC): sought from the Sessions Court or High Court by a person who apprehends arrest in a non-bailable offence. If granted, the person is released on bail if arrested.
- Regular bail (Sections 480 and 483 BNSS, earlier 437 and 439 CrPC): sought after arrest, when the person is in custody.
- Bailable vs non-bailable offences: in bailable offences bail is a right; in non-bailable offences it is at the court’s discretion.
- Default bail (Section 187 BNSS, earlier 167 CrPC): if the investigation is not completed and the chargesheet not filed within the prescribed period, the accused may be entitled to bail.
Courts commonly consider the nature of the accusation, the evidence, the risk of absconding and the possibility of influencing witnesses. Every case is different — speak to an advocate before applying.
This article is general information about Indian law, not legal advice. Please consult an advocate about your specific facts.
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