🛡️ Types of Bail in India – Old & New Law Comparison
India’s criminal law has recently undergone significant reforms with the introduction of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replacing the old Criminal Procedure Code, 1973 (CrPC).
🔹 1. Regular Bail
Purpose: Granted to a person who has already been arrested.
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Old Law (CrPC): Section 437 (Magistrate) and 439 (Sessions/High Court)
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New Law (BNSS 2023): Section 479 (Magistrate) and 481 (Sessions/High Court)
✅ Applicable after arrest and during investigation/trial
✅ Bail is sought to ensure liberty until proven guilty
🔹 2. Anticipatory Bail
Purpose: Preventive bail when a person apprehends arrest in a non-bailable offense.
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Old Law (CrPC): Section 438
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New Law (BNSS 2023): Section 484
✅ Person applies before arrest
✅ Granted by Sessions or High Court only
✅ Conditions like passport surrender, not leaving jurisdiction, etc., may be imposed
🔹 3. Interim Bail
Purpose: Temporary bail before the regular/anticipatory bail hearing.
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Old Law: No specific section, but recognized by courts
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New Law: Also recognized judicially (no codified section)
✅ Useful in urgent cases
✅ Subject to final decision on regular bail
🔹 4. Default Bail (Statutory Bail)
Purpose: When charge sheet is not filed within a stipulated time.
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Old Law (CrPC): Section 167(2)
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New Law (BNSS 2023): Section 187(3)
✅ 60 days for general offenses, 90 days for serious offenses
✅ Accused can seek bail as a right if charge sheet not filed in time
🔹 5. Transit Bail
Purpose: Temporary bail while transferring an accused from one state to another.
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Old/New Law: Not codified but recognized under Article 21 of the Constitution
✅ Useful when FIR is filed in a different state
✅ Granted for limited time to approach the appropriate court
⚖️ How to Apply for Bail in India
✅ Step-by-Step Process:
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Hire a Criminal Defense Lawyer
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Expert in bail applications (Example: Advocate Deepak, Noida +91-7303072764)
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File a Bail Application
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With proper grounds, case facts, and legal provisions.
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Where to File?
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Regular Bail: Magistrate or Sessions Court
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Anticipatory Bail: Sessions or High Court
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Default Bail: Same court where custody is extended
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Arguments in Court
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Lawyer presents facts: no prior record, cooperation with investigation, weak evidence, etc.
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Court May Impose Conditions
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Passport deposit, travel restriction, personal or surety bond.
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If Rejected
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Appeal in higher court (e.g., Sessions > High Court > Supreme Court)
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🧾 Required Documents for Bail
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FIR copy
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Arrest memo (if applicable)
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Identity proof of accused and surety
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Address proof
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Previous bail orders (if any)
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Affidavit supporting the bail grounds
🏛️ Key Case Laws on Bail
| Case Name | Principle Established |
|---|---|
| Gurbaksh Singh Sibbia v. State of Punjab | Anticipatory bail is a safeguard |
| Arnesh Kumar v. State of Bihar | Arrest only in necessity, bail favored |
| Sanjay Chandra v. CBI | Bail is the rule, jail is the exception |
📘 Summary Table: Old vs New Bail Provisions
| Type of Bail | CrPC Section | BNSS 2023 Section |
|---|---|---|
| Regular Bail | 437 / 439 | 479 / 481 |
| Anticipatory Bail | 438 | 484 |
| Default Bail | 167(2) | 187(3) |
| Interim Bail | Not defined | Judicially recognized |
| Transit Bail | Not defined | Judicially recognized |
⚠️ Disclaimer
This content is provided for general informational purposes only and does not constitute legal advice. While efforts have been made to ensure the accuracy and reliability of the information, laws and legal procedures may change over time or vary by jurisdiction. Readers are strongly advised to consult with a qualified legal professional or advocate for advice tailored to their specific legal situation. Neither the author nor this platform shall be held responsible for any actions taken based on this information.