All provisions of Bail in new law (BNSS).
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what do you mean by bail - "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. (section 2 (b) of BNSS).
Types of Bail -
- Default Bail
- Bail in Bailable offence
- Bail in non- bailable offence
- Anticipatory Bail
- Regular Bail or Bail.
- Default Bail - Default Bail means when Bail shall be granted due to default of prosecution or police. (section 187 (3) BNSS).
The Magistrate may authorise the detention of the accused person, beyond the
period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no
Magistrate shall authorise the detention of the accused person in custody under this
sub-section for a total period exceeding.
(i) ninety days, where the investigation relates to an offence punishable with
death, imprisonment for life or imprisonment for a term of ten years or more.
(ii) sixty days, where the investigation relates to any other offence,
and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the
accused person shall be released on bail if he is prepared to and does furnish bail, and every
person released on bail under this sub-section shall be deemed to be so released under the
provisions of Chapter XXXV for the purposes of that Chapter.
- Bail in Bailable offence - 478. (1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears. Or is brought before a Court and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail.
Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person
is indigent and is unable to furnish surety, instead of taking bail bond from such person,
discharge him on his executing a bond for his appearance as hereinafter provided.
Explanation. —Where a person is unable to give bail bond within a week of the date
of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is
an indigent person for the purposes of this proviso.
Provided further that nothing in this section shall be deemed to affect the provisions
of sub-section (3) of section 135 or section 492.
(2) Notwithstanding anything in sub-section (1), where a person has failed to comply
with the conditions of the bond or bail bond as regards the time and place of attendance, the
Court may refuse to release him on bail, when on a subsequent occasion in the same case he
appears before the Court or is brought in custody and any such refusal shall be without
prejudice to the powers of the Court to call upon any person bound by such bond or bail
bond to pay the penalty thereof under section 491.
- Bail in non - Bailable offences - 480. (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but -
(i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment
for life.
(ii) such person shall not be so released if such offence is a cognizable offence
and he had been previously convicted of an offence punishable with death,
imprisonment for life or imprisonment for seven years or more, or he had been
previously convicted on two or more occasions of a cognizable offence punishable
with imprisonment for three years or more but less than seven years.
Provided that the Court may direct that a person referred to in clause (i) or clause (ii)
be released on bail if such person is a child or is a woman or is sick or infirm.
Provided further that the Court may also direct that a person referred to in clause (ii)
be released on bail if it is satisfied that it is just and proper so to do for any other special
reason.
Provided also that the mere fact that an accused person may be required for being
identified by witnesses during investigation or for police custody beyond the first fifteen
days shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be
released on bail and gives an undertaking that he shall comply with such directions as may
be given by the Court.
Provided also that no person shall, if the offence alleged to have been committed by
him is punishable with death, imprisonment for life, or imprisonment for seven years or
more, be released on bail by the Court under this sub-section without giving an opportunity
of hearing to the Public Prosecutor.
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or
trial, as the case may be, that there are not reasonable grounds for believing that the
accused has committed a non-bailable offence, but that there are sufficient grounds for
further inquiry into his guilt, the accused shall, subject to the provisions of section 492 and
pending such inquiry be released on bail, or, at the discretion of such officer or Court of the execution by him of a bond for his appearance as hereinafter provided.
(3) When a person accused or suspected of the commission of an offence punishable
with imprisonment which may extend to seven years or more or of an offence under
Chapter VI, Chapter VII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 or abetment
of, or conspiracy or attempt to commit, any such offence, is released on bail under
sub-section (1), the Court shall impose the conditions-
(a) that such person shall attend in accordance with the conditions of the bond
executed under this Chapter
(b) that such person shall not commit an offence similar to the offence of which
he is accused, or suspected, of the commission of which he is suspected; and
(c) that such person shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to any police officer or tamper with the
evidence.
and may also impose, in the interests of justice, such other conditions as it considers
necessary.
(4) An officer or a Court releasing any person on bail under sub-section (1) or
sub-section (2), shall record in writing his or its reasons or special reasons for so doing.
(5) Any Court which has released a person on bail under sub-section (1) or
sub-section (2), may, if it considers it necessary so to do, direct that such person be
arrested and commit him to custody.
(6) If, in any case triable by a Magistrate, the trial of a person accused of any
non-bailable offence is not concluded within a period of sixty days from the first date fixed
for taking evidence in the case, such person shall, if he is in custody during the whole of the
said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to
be recorded in writing, the Magistrate otherwise directs.
(7) If, at any time, after the conclusion of the trial of a person accused of a
non-bailable offence and before judgment is delivered, the Court is of opinion that there are
reasonable grounds for believing that the accused is not guilty of any such offence, it shall
release the accused, if he is in custody, on the execution by him of a bond for his appearance
to hear judgment delivered.
- Anticipatory Bail or Pre - Arrest bail - This Bail granted by session court or high- court Before Arrest.
482. (1) When any person has reason to believe that he may be arrested on an
accusation of having committed a non-bailable offence, he may apply to the High Court or
the Court of Session for a direction under this section; and that Court may, if it thinks fit,
direct that in the event of such arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under
sub-section (1), it may include such conditions in such directions in the light of the facts of
the particular case, as it may think fit, including-
(i) a condition that the person shall make himself available for interrogation by
a police officer as and when required.
(ii) a condition that the person shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the facts of the case so
as to dissuade him from disclosing such facts to the Court or to any police officer.
(iii) a condition that the person shall not leave India without the previous
permission of the Court.
(iv) such other condition as may be imposed under sub-section (3) of
section 480, as if the bail were granted under that section.
(3) If such person is thereafter arrested without warrant by an officer in charge of a
police station on such accusation, and is prepared either at the time of arrest or at any time
while in the custody of such officer to give bail, he shall be released on bail; and if a
Magistrate taking cognizance of such offence decides that a warrant should be issued in
the first instance against that person, he shall issue a bailable warrant in conformity with the
direction of the Court under sub-section (1).
(4) Nothing in this section shall apply to any case involving the arrest of any person
on accusation of having committed an offence under section 65 and sub-section (2) of
section 70 of the Bharatiya Nyaya Sanhita, 2023.
- Regular Bail or Bail - This Bail is granted after arresting of accused.
483. (1) A High Court or Court of Session may direct, —
(a) that any person accused of an offence and in custody be released on bail,
and if the offence is of the nature specified in sub-section (3) of section 480, may
impose any condition which it considers necessary for the purposes mentioned in
that sub-section.
(b) that any condition imposed by a Magistrate when releasing any person on
bail be set aside or modified.
Provided that the High Court or the Court of Session shall, before granting bail to a
person who is accused of an offence which is triable exclusively by the Court of Session or
which, though not so triable, is punishable with imprisonment for life, give notice of the
application for bail to the Public Prosecutor unless it is, for reasons to be recorded in
writing, of opinion that it is not practicable to give such notice.
Provided further that the High Court or the Court of Session shall, before granting
bail to a person who is accused of an offence triable under section 65 or sub-section (2) of
section 70 of the Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the
Public Prosecutor within a period of fifteen days from the date of receipt of the notice of
such application.
(2) The presence of the informant or any person authorised by him shall be obligatory
at the time of hearing of the application for bail to the person under section 65 or
sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.
(3) A High Court or Court of Session may direct that any person who has been
released on bail under this Chapter be arrested and commit him to custody.
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