Bail is one of the most important aspects of criminal law in India. Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which has replaced the old Code of Criminal Procedure (CrPC), the provisions related to bail remain crucial for protecting the liberty of individuals. Bail ensures that a person accused of an offence is not unnecessarily kept in custody while the trial is pending, provided certain conditions are met.
This article explains the BNSS section on bail, its meaning, types of bail, and the definition of each type of bail in simple language.
What is Bail?
Bail is the legal process through which an accused person is released from police custody or judicial custody, on the condition that they will appear before the court whenever required. Bail acts as a security or assurance to ensure the accused does not abscond or misuse their liberty.
BNSS Section on Bail
Under the BNSS 2023, the provisions related to bail are largely in line with the previous CrPC framework. Bail is primarily governed by provisions dealing with:
-
Bailable offences – where bail is a right.
-
Non-bailable offences – where bail is subject to court discretion.
The relevant BNSS sections describe:
-
When bail can be granted,
-
Who can grant bail (police officer or court), and
-
The conditions attached to bail.
Types of Bail under BNSS
1. Regular Bail
-
Definition: Granted after a person has been arrested and is in police or judicial custody.
-
When Applicable: For both bailable and certain non-bailable offences.
-
Authority: Can be granted by a Magistrate or higher court.
2. Anticipatory Bail
-
Definition: Bail granted in anticipation of arrest, to protect a person from being taken into custody.
-
When Applicable: When a person apprehends arrest for a non-bailable offence.
-
Authority: Sessions Court or High Court has the power to grant anticipatory bail.
3. Interim Bail
-
Definition: Temporary bail granted by the court for a short period until a regular or anticipatory bail application is decided.
-
When Applicable: Used as a protective measure when immediate relief is needed.
-
Authority: Court grants interim bail while hearing the main bail application.
4. Default Bail (Statutory Bail)
-
Definition: Bail granted when the investigating agency fails to complete the investigation within the prescribed time limit under BNSS.
-
When Applicable: After 60 or 90 days (depending on the nature of the offence).
-
Authority: Magistrate grants default bail as a statutory right of the accused.
5. Bail in Bailable Offences
-
Definition: In bailable offences, bail is a matter of right. The accused is entitled to bail by law.
-
When Applicable: For minor or less serious offences.
-
Authority: Police officer or Magistrate must release the accused on bail.
6. Bail in Non-Bailable Offences
-
Definition: In non-bailable offences, bail is not a right but depends on the court’s discretion.
-
When Applicable: For serious offences like murder, rape, or economic fraud.
-
Authority: Sessions Court, High Court, or Supreme Court decides based on the merits of the case.
Conclusion
The BNSS sections on bail play a critical role in balancing the rights of an accused person with the interest of justice. Understanding the types of bail – regular, anticipatory, interim, default, bailable, and non-bailable – helps both legal practitioners and citizens know their rights and remedies.