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The right to seek bail is considered a part of the fundamental right to life & personal liberty.

Bail

This explainer discusses how a person can apply for bail and the conditions for bail in India. It primarily deals with the law laid out in the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973.

What is Bail?
Right to Bail
Understanding Bail
Refusal of Bail
Cancelling Bail
Bail for Non-Bailable Crimes
Anticipatory Bail
Conditions for Applying for Anticipatory Bail
Maximum Jail Time Without Bail

FAQs

What does executing a bail bond mean?

When a person applies for a bail, a person has to keep some money as security with the Court. This is to ensure that the person does not run away while the trial is in progress.

Am I required to sign a bail bond only while trial is in progress?

No, you can be asked to sign a bail bond even after you have been declared not-guilty by the trial court. The court will ask you to sign a bail bond just before the trial gets over. This is because the government can always appeal against the decision. This bond will have sureties and will need you to appear before a higher court if the appeal is filed. This has a 6-month time limit – so if no appeal is filed within that time, you are completely free.

What can I do if the court has rejected my bail application?

You can approach a higher court – Sessions Court or the High Court. These courts have general powers to grant someone bail and to modify bail conditions. You can also try to wait and file another application before the same court. If you are filing another application before the same court, you have to show what change has happened from the time you were refused bail.

I cannot afford the bail money. Does it mean I will have to remain in jail?

If you cannot afford to pay the bail amount, the Court has the power to reduce the amount set for your bail bond depending upon the circumstances of your case. However, this is a discretionary power of the Court and cannot be demanded.

I have been in jail for a long time and the trial is still going on. What are my options?

If you have been jail for too long and not been released on bail, your options are:

You have a right to be considered for release if your crime was tried by a Magistrate and the trial has not concluded 60 days after the investigation has begun.
If you have spent the maximum jail time that could have been imposed on you as per the law for the crime you committed.
If you have been in jail for one half of the maximum jail time that could have been imposed on you, the court can still send you back to jail or release you on a bond (with or without sureties).

However, neither of these rules apply if you are accused of a crime attracting the death punishment.

Can I be arrested after I have been released on bail?

Yes, even if you have been released on bail for a crime, the Court can pass an order for your arrest if it thinks that your arrest is necessary

When should I make an application for ‘anticipatory bail’?

You can make this application whenever you have a reason to believe that you might be arrested. It is not necessary that an FIR has been filed against you. The court will first pass a temporary order if it decides that you can be granted such bail. It will then inform the police and the prosecutor. After hearing them, the court may convert your temporary protection into a final order granting anticipatory bail.