What do you mean by bail?
Bail in simple language means a relief for a person who is accused of any particular crime in our country. It is technically known as the fundamental concept in the Indian Criminal Justice System. In many movies we have seen bail lawyers go to court to apply for their client’s bail it is somewhat the same as portrayed there but again we have certain types in it as well. Basically, it permits or we can say allows a person who has been arrested for a crime to be released from judicial custody. Again there is a twist in it, bail is granted on the will that the said accused person has to return to court for all further hearings.
Now the question arises how can a court permit a accused to go outside and live their lives? It is because the court says that the accused can continue his normal life outside the judicial custody that is the jail until the case against him/her is resolved.
Table of contents:
Legal Check: This concept of bail is mentioned in the Indian legal framework and is covered under the Code of Criminal Procedure (CrPC), 1973, and related provisions.
How is the bail granted?
Bail is granted on the basis of the nature of the offense and the accused’s involvement in the crime. And to exactly know what types of crime you have to understand the types of bail. Overall there are two categories of crimes/offenses in India:
- Bailable offence
- Non-bailable offence
In order to the eligibility of bail the classification of the crime is very important. Today, we are going to understand the different types of bail.
The Concept of Bail in India
Bail in a simple language means that a person is led free to live outside the jail/judicial custody on purely temporary basis while awaiting trial. But it depends upon a condition that the accused promises the court to attend all hearings as required.
When can a bail be granted?
Bail is granted when the crime is less serious/ severe, or when the said accused do not pose any risk to public safety or justice.
Here at sangare and associates will tell you the importance of the right to bail, it safeguards individuals from any type of unlawful or unnecessary detention, if is he/she is not a threat or danger to public order. But it is not guaranteed in serious offenses. Some of the cases come under non-bailable offenses, in such a case the person who is accused may remain in custody until the trial concludes.
Types of Bail in India
In India, we have four main types of bail: regular bail, anticipatory bail, interim bail, and default bail. Each type serves a different purpose completely depending on the nature of the offense, the stage of the investigation, and the actual circumstances of the case.
Regular Bail
Regular Bail is the most common form of bail we have seen in many movies about it. It is typically for the ones who have been arrested for bailable offences, which are less serious crimes for which bail is granted as a right. Bailable offenses are usually those where the punishment is not very severe and the accused does not pose a risk to public safety.
Under the Criminal Procedure Code (CrPC) Section 436, regular bail can be granted by the police or a magistrate. The accused person must provide a surety bond (a promise to appear in court when summoned), and upon fulfilling the conditions of the bail, they are released from police custody or jail.
Example:
If an individual is arrested for a minor theft (i.e., theft of goods worth less than ₹70,000), they can apply for regular bail. Since theft is a bailable offense, the individual would typically be released on bail after fulfilling the necessary conditions.
Anticipatory Bail (Anticipatory Bail lawyer)
When someone expects to be arrested because of an accusation against them, they apply for anticipatory bail, a type of pre-arrest bond. By requesting this kind of bail prior to the arrest, the accused can avoid being arrested in the first place. Section 438 of the CrPC provides for anticipatory bail.
This kind of bail is usually given when an individual fears arrest because of the nature of the charges against them or when they are likely to be arrested for an infraction for which they are not eligible for bail. If the court determines that the individual is unlikely to abuse their release, tamper with evidence, or endanger witnesses, it may issue anticipatory bail.
Example:
Suppose a business man is accused of financial fraud, and they knew that the police are investigating the matter. Since the offense is non-bailable and serious, the individual can file for anticipatory bail so that he can avoid arrest. If the bail is granted, they will not be arrested during the investigation, and if they are arrested later, they can be released on bail immediately.
Interim Bail
Interim bail is a purely temporary release granted by the court when a bail application is pending. It is generally granted when the court believes that immediate release is necessary, but the all the proceedings for regular bail are not completed yet. The main purpose of interim bail is to offer temporary relief to the accused, allowing them to be free until the regular bail hearing takes place.
In urgent or extraordinary situations, where it is essential to prevent the accused from being held for an extended amount of time before the court decides whether to grant their regular bail application, interim bail is frequently granted.
Example:
If someone applies for regular bail after being charged with a non-bailable crime, the court may give interim bail for a few days or weeks before the regular bail application is decided. This short-term bail helps guarantee that the individual won’t be incarcerated while they wait.
Default bail (statutory bail)
An accused individual is given default bail, often referred to as statutory bail, when the police do not file a chargesheet within the legally mandated time frame. Depending on the offense, the chargesheet filing period under the CrPC might be anywhere from 60 to 90 days. Regardless of the nature of the offense, the accused individual has the right to bail if the chargesheet is not filed within the allotted period.
Default bail is crucial because it prevents the accused from being wrongfully held over the legal deadlines for conducting an investigation and bringing charges. If the inquiry is not finished, the accused may request default bail under Section 167 of the CrPC.
Example:
If a person is detained for a serious crime, such as murder, and the police do not submit the chargesheet within 90 days (as mandated by law for non-bailable offenses), the accused has the right to seek default bail. If the court approves the request, the accused will receive bail without any additional proceedings.
To conclude, Bail is essential in preventing individuals from being unjustly detained while they await their trial. It strikes a balance between the rights of the accused and the necessity of upholding law and order. Different types of bail, including regular bail, anticipatory bail, interim bail, and default bail, address various scenarios according to the nature of the crime and the point in the investigative process. Though bail is a significant entitlement, it is not awarded automatically. The court assesses each case individually, taking into account the severity of the offense, the risk of the accused fleeing, and the potential for tampering with evidence. Legal measures regarding bail are designed to safeguard individual rights while preserving the integrity of the justice system.
Understanding the different types of bail and the conditions under which they are granted is crucial for both legal practitioners and the general public, ensuring fair treatment for those involved in the criminal justice system understanding the various categories of bail and the circumstances that lead to their approval is essential for legal professionals and the public alike, to promote equitable treatment for individuals engaged in the criminal justice system.