Justice V. R. Krishna Iyer said that “bail is the rule and jail is an exception” in the Supreme Court of India’s historic ruling in State of Rajasthan v. Balchand. Ever wondered why? According to Article 21 of the Indian Constitution, no one’s right to life or personal freedom may be taken away from them except according to procedure established by law. Therefore, bail is a crucial protection for a person until they are proven guilty. Hence, it is crucial that an accused person understands what bail is and the various types of bail in order to safeguard their individual liberty at the appropriate point in the case.
Therefore, the criminal lawyers in various cities assist with the same. For instance, if your residence is in Bangalore, then the criminal lawyers in Bangalore can help you solve the issue at hand.
What Is Bail? Meaning Under Indian Law
The term bail is originally derived from the French term “Baillier” which in literal sense means to give or deliver.
Simply put, bail in the context of Indian law refers to an accused person’s temporary release till the trial is not over. This does not mean that the accused gets a complete escape from the legal proceedings. The court places restrictions on travel, requires appearance before the court, requires the execution of a personal bond with sureties, and forbids tampering with evidence before granting bail.
Read our guide on How to Apply for Bail in India: Complete Legal guide in order to get an enhanced understanding of the entire procedure.
Bailable Offence and Non Bailable Offence
As per Indian laws, there are two kinds of offence, namely bailable offence and non bailable offence.
1. Bailable Offence
Bail under a bailable offence is a matter of right. The accused gets released by furnishing a bond or surety. These offenses are considered of less serious in nature for example theft, dacoity, public nuisance etc.
Read our guide on Difference Between Bailable and Non-Bailable Offence in order to get an enhanced understanding on the topic
2. Non Bailable Offence
Bail under a non-bailable offence is not a matter of right. It can only be granted by discretion of the court considering all the factors such as gravity of the offence. It is considered as more serious in mature for example rape, murder etc
Whether you are facing bailable or non-bailable offenses, Obtaining expert legal assistance is essential. Criminal law in India covers a wide range of violations, and selecting an experienced lawyer might have a big impact on how your case turns out.
Types of Bail in India
1. Regular Bail:
After an individual gets arrested by the police or detained by a court, regular bail is requested. A regular bail is dealt under Section 480 and 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS).
It can be claimed for both bailable offences and Non bailable offences. Court discretion plays a major role in determining whether a regular bail can be granted.
2. Anticipatory Bail
Anticipatory bail, in contrast to regular bail, is requested by a person before they are arrested, in anticipation of being arrested. Anticipatory bail is dealt under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS).
Read our guide on How to get an anticipatory bail in India Step-by-Step process in order to get an enhanced understanding of the entire procedure.
3. Interim Bail
When a person has already filed for a regular bail or anticipatory bail, and it is still pending in the court, the court can grant interim bail as a temporary relief.
4. Default Bail/Statutory Bail
When a person is arrested, from the date of arrest to the next 90 days, a chargesheet should be filed by the police, if the chargesheet is not filed in the stipulated time period then, such person can get bail by default.
Read our guide on What Is an FIR? How to File or Quash an FIR in India in order to get an enhanced understanding of the entire procedure.
Common Bail Conditions Imposed by Courts
As discussed above, bail temporary release of an accused till the trial is not over. This does not mean that the accused gets a complete escape from the legal proceedings. The conditions imposed by court before granting bail.
- That the accused will appear in court in compliance with the terms of the bond he executed.
- That the accused shall not leave the country without the permission of court.
- That the accused shall surrender their passport.
- That the accused is prohibited from providing any inducement, threat, or promise to anyone who is aware of the case’s circumstances.
- That the accused is prohibited from tampering the case’s evidence.
- That the accused is prohibited from committing any more offenses of the same kind.
Read our guide on What to Do If Bail Is Rejected? in order to get an enhanced understanding of the topic.
When Can a Bail be Cancelled?
The high court, court of sessions, and lower courts have the authority to cancel bail that has already been given to the accused. Since canceling bail interferes with the accused’s already-secured liberty, whether that liberty was granted by operation of law or by the exercise of judicial discretion, such authority should be utilized with extreme care and caution.
There are certain grounds for cancellation of bail :
- When the accused misuses his liberty by indulging in similar offences.
- When the accused obstructs the investigation’s progress.
- When the accused tampers with evidence or witnesses.
- When there is a chance that he will escape to another nation.
Bail in Special Laws
1. Bail under POCSO Act
The purpose of the Protection of Children from Sexual Offences (POCSO) Act is to shield minors under the age of eighteen from sexual harassment. These types of offenses are Non bailable offences. In such cases, bail is at the court’s discretion and is not a right. Bail in POCSO cases must be decided through a balanced approach that protects the accused’s rights while making sure that the legislative intent of child protection is not defeated. The court examines and considers the nature and seriousness of the accusation, the severity of punishment in the event of conviction, the supporting evidence on record, and the reasonable apprehension of tampering with witnesses before granting bail.
2. Bail under NDPS Act
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) forbids the illegal manufacture, transport, sale, possession, and use of psychotropic substances and narcotic drugs in India. These kinds of acts are also regarded as non-bailable offenses. The Narcotic Drugs and Psychotropic Substances Act of 1985, Section 37, severely limits the granting of bail in cases involving drugs of commercial quality. After a thorough investigation, the court may issue bail for such an offense if it is convinced that the accused is innocent and unlikely to commit the same crime again.
3. Bail under PML Act
Money laundering prevention and control are the goals of the Prevention of Money Laundering Act of 2002. For such an offence, the accused must satisfy a “TWIN TEST”.
Firstly, there must be a reasonable ground that the accused is innocent and unlikely to commit the same crime again. Second, The Public Prosecutor must be given a chance to oppose the application
Importance of Legal Representation in Bail Matters
Complex cases, such those involving non-bailable charges, call for a higher level of expertise with good drafting skills, arguing the grounds efficiently and compiling the file. A skilled lawyer may draft a bail application that is efficient, understandable, and succinct, containing all relevant facts, legal arguments, and the proper supporting evidence. A skilled lawyer handles every aspect of the law, and looks into every aspect possible to get the accused released on bail. In bail cases, quick filing is essential because any delay directly affects the accused’s personal freedom. When default bail may be applicable, an experienced lawyer ensures that the application is filed on time, especially within the statutory deadlines.
To make sure your rights are upheld and your application is well-prepared, you should always obtain advice from an experienced lawyer.You may consider consulting Prime Legal, one of the best law firms in Bangalore, for further assistance with your case.
Conclusion
Bail temporary release of an accused till the trial is not over. This does not mean that the accused gets a complete escape from the legal proceedings. The conditions imposed by court before granting bail. If you are located in Bangalore, it is important to locate best criminal lawyers in Bangalore locally to enable proper presentation of your case.
FAQ
1. Is bail a legal right in all criminal cases in India?
Bail in Bailable offences are considered as a matter of right, Whereas in non-bailable offenses, it is the discretion of the court.
2. What is the difference between bail in bailable and non-bailable offences ?
Bail in bailable offenses is considered less serious in nature for example theft, dacoity, public nuisance etc and granting bail is a matter of right. Whereas Bail under a non-bailable offence is not a matter of right. It can only be granted by discretion of the court considering all the factors such as gravity of the offence. It is considered as more serious in mature for example rape, murder etc
3. How long does it take to get bail in India?
It depends on the type of case and court. Bail in Bailable offence the procedure is quicker whereas bail in Non-Bailable Offence time may vary depending upon the gravity of the case.
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