Understanding the Types of Bail in India

What is bail?

Bail is the temporary release of an accused person to submit a personal bond or assurance to comply with some conditions imposed by the court and to appear before the court.

According to section 2(1)(b) of the new criminal law Bharatiya Nagarik Suraksha Sanhita 2023 “bail” means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond.

In India, bail can be broadly categorized into three main types: regular bail, interim bail, and anticipatory bail.

1. Regular bail:

Regular bail is granted to a person who has been arrested for a crime and is in police custody. Regular bail is a standard bail granted by the court after the person has been produced before the court.

For example:

If Mr. Ravi is arrested for theft and the police have taken him into custody, his lawyer can apply for regular bail before the court. The court may grant bail, allowing him to be released from custody while the trial is ongoing.

2. Interim bail:

Interim bail is a temporary bail granted to an accused person for a short period, usually until their application for regular bail or anticipatory bail is decided by the court. We can say that providing temporary relief.

For example:

Suppose Mr. X is arrested, and his bail hearing is scheduled for a later date. The court may grant him interim bail to ensure that the person is not held in custody until the final decision on their regular bail application.

3. Anticipatory bail:

Anticipatory bail is granted to a person who apprehends arrest on the accusation of having committed a cognizable offense. It is a pre-arrest bail obtained to avoid the arrest.

For example:

If Mr. Jai believes he is likely to be arrested based on a false complaint, he can apply for anticipatory bail before the court. If anticipatory bail is granted, he can prevent the police from arresting him.