Basic Law: Right to Bail
One-Line Principle
Bail is generally the rule; jail is an exception, subject to the nature of the offence and the applicable law.
Simple Explanation
When a person is accused of an offence, being accused does not by itself mean that the person must remain in custody throughout the case.
Depending on the offence and circumstances, the court may release the accused on bail subject to conditions.
Bail is an important part of the criminal justice system, as an accused person remains presumed innocent until proven guilty in accordance with law.
Key Legal Provisions
- Section 478, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): bail in bailable offences.
- Section 480, BNSS: bail in certain non-bailable offences.
Important Point
- Bailable offence: Bail is ordinarily a right, subject to the statutory requirements.
- Non-bailable offence: Bail is not an automatic right; the court exercises judicial discretion according to law.
The grant or refusal of bail depends upon the applicable statutory provisions and the facts and circumstances of each case.
Remember
“An accused person is not treated as guilty merely because a criminal case has been filed.”
Legal Awareness
Arrest, custody, bail, trial and judgment.
These are different stages of a criminal case, and each stage is governed by the applicable provisions of law.
Bail in Criminal Cases
Bail is an important legal remedy available to an accused person subject to the nature of the offence, applicable statutory provisions and the circumstances of the case.
For legal advice relating to regular bail, anticipatory bail, bail applications, bailable and non-bailable offences, arrest and criminal proceedings, consult Adv. Keshav Mehra Advocate in Gurgaon experienced in criminal litigation.
