Bail

Definition

Bail is the temporary release of an accused person who is awaiting trial or appeal, in exchange for a guarantee (surety) that the person will appear in court when required. The court may impose conditions on bail, such as surrendering a passport, reporting to the police, or not contacting witnesses.

हिंदी में (Hindi)

जमानत एक आरोपी व्यक्ति की अस्थायी रिहाई है जो मुकदमे का इंतजार कर रहा है। इसमें न्यायालय में उपस्थित होने की गारंटी दी जाती है।

Example

A person arrested for theft (a bailable offence) has the right to bail as a matter of right. The police or magistrate must grant bail on furnishing a surety or personal bond.

Relevant Laws & Sections

• Section 478–482, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
• Section 437–439, Code of Criminal Procedure (CrPC) [now replaced by BNSS]

Common Questions

What is the difference between bailable and non-bailable offences?

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In bailable offences (e.g., theft, cheating), bail is a right that must be granted by police or magistrate. In non-bailable offences (e.g., murder, rape), bail is at the court's discretion and must be applied for before a magistrate or sessions court.

Can bail be cancelled once granted?

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Yes. The prosecution or investigating agency can apply to cancel bail if the accused violates conditions, tampers with evidence, threatens witnesses, or absconds. The court that granted bail can cancel it.

How much does bail cost?

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The bail amount (surety amount) is set by the court based on the seriousness of the offence. There is no fixed amount. Bail does not have to be paid in cash — a surety (another person who guarantees appearance) is usually sufficient.

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