From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973. The concepts of bail remain largely the same, but the section numbers have changed.
Old and new sections
| Subject | BNSS | Old CrPC |
|---|---|---|
| Bail in bailable offences | Sec. 478 | Sec. 436 |
| Maximum detention of undertrial prisoners | Sec. 479 | Sec. 436A |
| Bail in non-bailable offences (Magistrate) | Sec. 480 | Sec. 437 |
| Anticipatory bail | Sec. 482 | Sec. 438 |
| Special powers of High Court / Sessions Court | Sec. 483 | Sec. 439 |
| Inherent powers of the High Court | Sec. 528 | Sec. 482 |
Bailable and non-bailable offences
In a bailable offence, bail is a matter of right. In a non-bailable offence, bail is at the court's discretion, exercised on settled principles.
What courts consider
- The nature and gravity of the accusation and the likely punishment
- The material collected in investigation
- The period already spent in custody and the likely length of the trial
- Criminal antecedents
- The risk of the accused absconding, or of influencing witnesses or tampering with evidence
Anticipatory bail
A person who apprehends arrest for a non-bailable offence can apply to the Sessions Court or the High Court under Section 482 BNSS. The court may direct that, if arrested, the person be released on bail, subject to conditions.
First-time undertrial prisoners
Section 479 provides that a first-time offender who has undergone one-third of the maximum sentence for the offence shall be released on bond, subject to the conditions in the section.
Documents to keep ready: a copy of the FIR, the arrest memo, earlier bail orders, the charge sheet if filed, and medical records if relevant.
This article is general information and is not legal advice. Facts matter, so please consult an advocate about your situation.