Criminal Law
Bail under the BNSS: the basic framework
Bailable and non-bailable offences
From 01.07.2024, bail is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the Code of Criminal Procedure. In a bailable offence, bail is a right and is granted under Section 478. In a non-bailable offence, bail is at the discretion of the court under Section 480, which weighs the nature of the accusation, the evidence, and the risk of the accused absconding or tampering with the case.
Anticipatory and default bail
Anticipatory bail, for a person who apprehends arrest in a non-bailable offence, is granted by the High Court or the Court of Session under Section 482. Default bail arises under Section 187 where the investigation is not completed within the time the law allows, ordinarily 60 or 90 days depending on the offence; once that time passes without a charge sheet, the accused becomes entitled to be released on bail. The special powers of the High Court and the Court of Session in bail matters are preserved by Section 483.
Where the bar is higher
Some statutes impose a stricter test than the general law: the Narcotic Drugs and Psychotropic Substances Act (Section 37), the Prevention of Money-Laundering Act (Section 45) and the Unlawful Activities (Prevention) Act, among others, require the court to be satisfied of additional conditions before bail can be granted. Even so, the principle restated by the Supreme Court, that bail is the rule and jail the exception, continues to inform how these applications are decided.
This note is general information on the law as at the date shown, not legal advice on any specific matter. The law changes; for advice on your facts, please speak to the firm.
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