Bail in India – Types, Procedure & How to Get Bail Quickly

With the rollout of the three new criminal codes—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—India has entered a new era of criminal justice. Among the most crucial aspects for any accused is bail, which determines whether a person can remain free pending trial.

In this guide, we break down the types of bail, procedure, and tips to secure bail quickly, based on the BNSS, 2023, which has replaced the CrPC.

🔍 What is Bail?

Bail is the temporary release of a person accused of a crime, ensuring their appearance in court when required. It strikes a balance between individual liberty and public interest.

Under BNSS, the provisions related to bail have been retained largely in the same form as CrPC, with minor updates and section renumbering.

📘 Relevant Law Now

• Earlier: Criminal Procedure Code, 1973 (CrPC)

• Now: Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

• Offences Defined Under: Bharatiya Nyaya Sanhita, 2023 (BNS)

🛑 Types of Bail in India under BNSS, 2023

1. Regular Bail

• Under Section 479 of BNSS (earlier Section 437 CrPC)

• For a person already arrested for a non-bailable offence.

• Granted by a Magistrate or Sessions Court.

2. Anticipatory Bail

• Under Section 484 of BNSS (earlier Section 438 CrPC)

• Preventive relief to avoid arrest if a person anticipates being falsely implicated.

• Granted by Sessions Court or High Court.

3. Interim Bail

• Temporary relief given until a final decision is taken on regular/anticipatory bail.

• Can be extended in special cases.

⚖️ Bailable vs. Non-Bailable Offences (Under BNS)

Criteria	Bailable Offences	Non-Bailable Offences
Nature	Less serious, bail is a matter of right	More serious, bail is at court's discretion
Examples (BNS)	Simple hurt (Sec 112), Defamation (Sec 356)	Murder (Sec 101), Rape (Sec 63), Terrorism
Granting Authority	Police officer or Magistrate	Only by Magistrate or Higher Court

📋 Procedure for Bail under BNSS, 2023

✅ For Regular Bail (Section 479 BNSS)

1. Accused is arrested.

2. Bail application is filed before Magistrate.

3. Court examines:

   • Seriousness of offence

   • Prior criminal record

   • Risk of absconding or influencing investigation

4. Bail is granted or denied with/without conditions.

✅ For Anticipatory Bail (Section 484 BNSS)

1. Application made before Sessions or High Court.

2. Grounds for apprehension of arrest must be shown.

3. Court may grant bail with restrictions:

   • Not to leave jurisdiction

   • Cooperate with police

   • No threat to witness/victim

4. Once granted, no arrest allowed without cancellation.

🏃‍♂️ How to Get Bail Quickly in India (Post-2023

Laws)

1. Act Fast

File the bail application immediately after FIR or arrest to avoid unnecessary custody.

2. Hire an Experienced Criminal Lawyer

Professionals can draft a persuasive application and highlight relevant BNSS and BNS sections.

3. File for Interim Bail (if urgent)

Use interim bail to prevent arrest while main bail application is pending.

4. Gather Supporting Proof

Medical records, proof of address, employment, and clean past record help make a strong case.

5. Use Case Law Judiciously

Use precedents like Arnesh Kumar v. State of Bihar to argue for minimal arrest in minor offences.

⚠️ Why Bail May Be Denied

• Gravity of the offence (e.g., rape, murder, terrorism)

• Accused has prior convictions or is a flight risk

• Threat to society or victim

• Non-cooperation during investigation

📚 Key Sections to Remember in BNSS, 2023

Topic	BNSS Section	Old CrPC Section
Regular Bail	Section 479	Section 437
Bail in Sessions Court	Section 480	Section 439
Anticipatory Bail	Section 484	Section 438
Bail for Bailable Offence	Section 478	Section 436

🧾 Important Case Laws That Still Apply

1. Arnesh Kumar v. State of Bihar (2014)➤ Arrest should not be automatic for offences with punishment < 7 years.

2. Siddharth v. State of U.P. (2021)➤ Arrest is not mandatory just to file a charge sheet.

3. Satender Kumar Antil v. CBI (2022)➤ Emphasized personal liberty; directed courts to prioritize bail.

✍️ Conclusion

In the post-IPC and post-CrPC India, bail continues to be a fundamental right, governed by BNSS, 2023, and classified under offences in BNS, 2023. Whether you’re facing arrest or trying to help someone accused, knowing the right procedure, sections, and approach can make all the difference in securing bail quickly.

✅ Need help applying for bail? Contact a local criminal lawyer or legal aid cell for immediate assistance.