Bailable and non-bailable offences
In a bailable offence, bail is a right and the police or court must release the person on furnishing bail (Section 478 BNSS). In a non-bailable offence, bail is at the discretion of the court.
Bail before the Magistrate
Under Section 480 BNSS, a Magistrate may grant bail in non-bailable offences, subject to restrictions for offences punishable with death or life imprisonment and for certain repeat offenders.
Sessions Court and High Court
Section 483 BNSS gives the Court of Session and the High Court special powers to grant bail, including in serious offences, and to set aside or modify conditions imposed by a Magistrate.
Default bail
If the police do not complete investigation within the period permitted by Section 187 BNSS — generally 60 or 90 days depending on the offence — the accused becomes entitled to bail on applying for it. This right must be claimed in time.
Undertrial prisoners
Section 479 BNSS provides for release of undertrial prisoners who have undergone a specified portion of the maximum sentence — one-third for first-time offenders and one-half for others — subject to exceptions.
Sureties and conditions
- Personal bond and one or more sureties
- Conditions such as regular attendance and not tampering with evidence
- Breach of conditions can lead to cancellation of bail
Frequently asked questions
How long does a bail hearing take?
It varies with the court’s list, the need for the case diary and the State’s reply. Urgent matters can be mentioned for early listing.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
This article is general legal information, not legal advice. It does not create an advocate–client relationship. Legal provisions referred to should be verified for your specific situation and the date of the events concerned.
Related practice
Criminal Defence and Bail Matters