bail

Bail is the release of a person accused of an offence from custody, on conditions imposed by an officer or court, on his executing a bond or bail bond. It does not end the case; it only secures the accused's attendance while letting him stay free. The BNSS now defines bail expressly.

In bailable offences bail is a right. In non-bailable offences it is discretionary: the court weighs the nature and gravity of the accusation, the evidence, the risk of the accused fleeing or tampering with witnesses, and his antecedents. The Supreme Court's guiding rule is “bail, not jail” (State of Rajasthan v. Balchand, 1977), because personal liberty under Article 21 is the norm and detention before conviction the exception.

Example

Since the accused had cooperated with the investigation and the charge-sheet was filed, the Sessions Court granted bail under s.483 BNSS on a personal bond with two sureties.

In Indian law

• Sections 478, 480 and 483, Bharatiya Nagarik Suraksha Sanhita, 2023 (old ss.436, 437 and 439 CrPC)
• State of Rajasthan v. Balchand, 1977 INSC 180

See also

bailable offence · anticipatory bail · default bail · surety

Read more in the study notes

• Banker and customer: who they are and the legal character of the relationship (Banking Law)
• Rights of a banker: lien, set-off, appropriation and charges (Banking Law)
• Duties of banker and customer: honouring cheques and secrecy of accounts (Banking Law)
• Lending by banks: principles, priority sector, securities, interest and penalty (Banking Law)
• Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Definitions, classification of offences, and the courts, prosecution and police under the BNSS (Bharatiya Nagarik Suraksha Sanhita)