Regular, Interim or Anticipatory Bail: A Plain-Language Guide

Bail lets a person accused of an offence stay out of custody while the case continues. It does not decide guilt or innocence. Since 1 July 2024, bail is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure (CrPC). Here are the main types of bail, in plain language.

Regular Bail

Regular bail is sought after arrest, when a person is in police or judicial custody. The application is made to the Magistrate, or to the Sessions Court or High Court, depending on the offence and the stage of the case (Sections 480 and 483 BNSS, formerly Sections 437 and 439 CrPC).

Anticipatory Bail

Anticipatory bail is sought before arrest, by a person who has reason to believe they may be arrested for a non-bailable offence. It is filed before the Sessions Court or the High Court (Section 482 BNSS, formerly Section 438 CrPC). If granted, the person is released on bail if arrested, usually subject to conditions such as joining the investigation.

Interim Bail

Interim bail is a temporary release, for a short period, granted while a regular or anticipatory bail application is pending or for urgent reasons such as a medical emergency. It ends on the date fixed by the court unless extended.

Default Bail

If the police do not file the chargesheet within the time allowed by law (generally 60 or 90 days, depending on the offence), the accused becomes entitled to bail by default, provided they apply for it before the chargesheet is filed (Section 187 BNSS, formerly Section 167(2) CrPC).

Bailable and Non-Bailable Offences

For bailable offences, bail is a matter of right. For non-bailable offences, it is at the court's discretion, which considers factors such as the seriousness of the offence, the evidence, the risk of the accused absconding or tampering with witnesses, and their past record.

What to Do if Someone Is Arrested

• Note the police station, the FIR number and the sections mentioned.
• The person must be produced before a Magistrate within 24 hours of arrest.
• Contact an advocate as early as possible so the bail application can be prepared quickly.

See our bail lawyer in Delhi page for more on how we handle bail matters.