Bail is a fundamental aspect of the criminal justice system in India that ensures the balance between an individual’s right to liberty and the interests of justice. When a person is accused of committing an offence, bail allows them to be released from custody while ensuring their appearance before the court as required.
What is Bail?
- Bail refers to the temporary release of an accused person from custody, typically under certain conditions and assurances that they will appear in court for future proceedings.
- It is not a punishment but a process that protects the right to personal liberty before conviction.
Legal Provisions Governing Bail
Bail is primarily governed by the Code of Criminal Procedure, 1973 (CrPC).
Key Sections include:
- Section 436 CrPC – Bail in bailable offences
- Section 437 CrPC – Bail in non-bailable offences
- Section 438 CrPC – Anticipatory bail
- Section 439 CrPC – Powers of High Court or Sessions Court to grant bail
Types of Bail in Indian Law
1. Regular Bail
- Granted after the arrest of an individual.
- Filed under Section 437 or 439 CrPC, depending on the severity and jurisdiction.
2. Anticipatory Bail
- Filed before arrest under Section 438 CrPC.
- Given when a person anticipates that they may be arrested for a non-bailable offence.
3. Interim Bail
- Temporary relief granted until a regular or anticipatory bail application is decided.
Conditions for Granting Bail
The court considers several factors before granting bail:
- Nature and seriousness of the offence
- Criminal record of the accused
- Chances of the accused absconding or tampering with evidence
- Likelihood of reoffending
- Cooperation during the investigation
Rights of the Accused Regarding Bail
- Right to bail in bailable offences is a statutory right under Section 436.
- In non-bailable offences, bail is a matter of discretion by the court.
- Anticipatory bail is a protection against arbitrary arrest in non-bailable cases.
Landmark Judgements
Gurbaksh Singh Sibbia v. State of Punjab (1980)
- Laid down the guidelines for anticipatory bail and emphasized it is not to be granted as a matter of rule.
State of Rajasthan v. Balchand (1977)
- The court observed, “Bail is the rule, jail is the exception,” reinforcing the presumption of innocence.
Difference Between Bailable and Non-Bailable Offences
| Basis | Bailable Offence | Non-Bailable Offence |
|---|---|---|
| Right to Bail | Accused has right to get bail | Bail is granted at the discretion of court |
| Gravity of Offence | Less serious | More serious, punishable with ≥ 3 years |
| Example | Simple hurt, defamation | Murder, rape, dacoity |
Importance of Bail in Criminal Justice
- Prevents unnecessary detention of individuals before trial.
- Maintains the presumption of innocence until proven guilty.
- Protects individuals from prolonged custody in overburdened prisons.
- Encourages fair and speedy trials by ensuring attendance in court.