All guides

Bail in India — Types & Procedure

Understand bailable vs non-bailable offences, anticipatory bail, regular bail and default bail under BNSS 2023.

Types of bail

  • Regular bail — after arrest, for bailable and non-bailable offences (Sec. 480 & 483 BNSS).
  • Anticipatory bail — before arrest, from Sessions/High Court (Sec. 482 BNSS).
  • Default/statutory bail — if charge sheet is not filed within 60/90 days (Sec. 187(3) BNSS).
  • Interim bail — short-term relief until the regular application is decided.

What courts consider

  • Nature and gravity of the offence; role of the accused.
  • Risk of absconding, tampering with evidence, or influencing witnesses.
  • Criminal antecedents and health/age of the accused.
  • Bail is the rule, jail is the exception — Supreme Court in Satender Kumar Antil (2022).

Want to ask about your specific situation?

Ask Kanoon-AI
This is general legal information, not legal advice. Please consult a qualified advocate for your specific situation.