The granting or denial of bail holds significant importance for society, as every criminal offense is viewed as an offense against the society. Striking a delicate balance between individual liberty and societal interests is crucial, as expressed by Justice Dalveer Bhandari in S.S. Mhetre v. State of Maharashtra (2010).
The term "bail" finds its roots in the old French word "Baillier," signifying delivery or handover.
Section 2(b) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) defines “bail” as 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;
Black’s Law Dictionary describes bail as a form of security, typically money or bond, required by a court for the release of a prisoner who must appear at a later date.
The Supreme Court, in Kamlapati v. State of West Bengal (1978), defined bail as a mechanism aiming to harmonize the right to personal freedom for the accused with the public interest, conditional on the accused appearing in court for trial.
In essence, "bail" denotes the release of an individual from legal custody, with the legal policy favoring its allowance rather than prohibition.
The norm is to grant bail, making rejection an exception, as emphasized in the Satender Kumar Antil v. Central Bureau of Investigation (2022) case.
The legal standing of bail is derived from multiple sources:
1. Article 21 of the Indian Constitution: This article enshrines the right to life and personal liberty, providing the fundamental right to seek bail when detained by any law enforcement entity.
2. Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023: This section specifies that anticipatory bail is granted exclusively in the case of non-bailable offenses.
3. Article 11 of the Universal Declaration of Human Rights: Bail, especially anticipatory bail, is grounded in the presumption of innocence, a fundamental value articulated in Article 11 of the Universal Declaration of Human Rights.
Watch JudiX’s 1 minute video lecture on Bail by Court of Sessions and High Court & Bail by Magistrate under BNSS
Offenses are classified for bail purposes into:
1. Bailable Offense: Defined by Section 2(c) of the BNSS, these offenses allow for bail as a matter of right under Section 478 BNSS when specified conditions are met. The police may grant bail to the offender at the time of arrest or detention.
2. Non-Bailable Offense: These offenses, where bail cannot be granted as a matter of right, are governed by Sections 480 and 483 of the BNSS. Judicial discretion plays a crucial role in deciding bail for non-bailable offenses, which are typically more severe, carrying a penalty of three years or more.
Bail in India encompasses four types based on the stage of criminal proceedings, namely Regular Bail, Interim Bail, Anticipatory Bail, and Statutory Bail.
Regular bail is granted after arrest, ensuring attendance at trial.
Interim bail is short-term and precedes regular or anticipatory bail hearings.
Anticipatory bail is sought when arrest for a non-bailable offense is anticipated.
Statutory bail or default bail is provided under Section 187 BNSS when the police fail to file a report within a specified timeframe.
Section 480 BNSS empowers the magistrate's court to grant regular bail for non-bailable offenses, and Section 483 BNSS extends this to the High Court or Sessions Court. Factors influencing bail decisions include the nature of the crime, evidence reliability, accused's character, and public interest.
Statutory bail, also known as default bail, arises when the police fail to file a report within a specified time under Section 187(2) of the BNSS. It is an inherent right of the accused if chargesheet isn't filed in the specified time, applicable regardless of the offense's nature, and can be granted by Magistrates of the First or Second Class.
Anticipatory bail, governed by Section 482 of the BNSS, allows individuals to seek bail before arrest for anticipated non-bailable offenses. Eligibility depends on factors like charge severity, the applicant's background, and the risk of false charges.
Interim bail refers to temporary release during pending bail applications.
Frequently Asked Questions (FAQs) about Bail:
1. What is the significance of bail in the legal system?
- Bail plays a crucial role in balancing individual liberty with societal interests. It allows for the release of an accused from custody under specific conditions while ensuring their appearance for trial.
2. How is bail defined in legal terms?
- Bail is defined as the release of a person accused or suspected of an offense from custody upon certain conditions imposed by the court or officer. It can involve a bond or bail bond.
3. What is the legal standing of bail in India?
- The legal standing of bail in India is derived from Article 21 of the Indian Constitution, Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Article 11 of the Universal Declaration of Human Rights.
4. How are offenses classified for bail purposes?
- Offenses are classified into bailable and non-bailable. Bailable offenses allow for bail as a matter of right, while non-bailable offenses involve discretionary bail based on factors like the crime's severity.
5. What are the different types of bail in India?
- The four types of bail are Regular Bail (post-arrest), Interim Bail (temporary release during pending applications), Anticipatory Bail (sought before arrest), and Statutory Bail (default bail when chargesheet isn't filed within a specified time).
6. What factors influence bail decisions for non-bailable offenses?
- Factors include the nature of the crime, credibility of evidence, accused's character, and public interest. Judicial discretion is crucial in deciding bail for non-bailable offenses.
7. How is statutory bail, or default bail, granted?
- Statutory bail is granted under Section 187(2) BNSS when the police fail to file a report within a specified timeframe. It is an inherent right of the accused and can be granted by Magistrates of the First or Second Class.
8. What is anticipatory bail, and when can it be sought?
- Anticipatory bail, governed by Section 482 BNSS, allows individuals to seek bail before arrest for anticipated non-bailable offenses. Eligibility depends on factors like charge severity, the applicant's background, and the risk of false charges.
Types of bail under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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