Bail route finder

Enter the sections: whether bail is a right or a discretion, which court, and whether anticipatory bail lies.

BNSS s.478 (bailable), s.480 (non-bailable, before a Magistrate), s.483 (Sessions / High Court) and s.482 (anticipatory) — formerly CrPC ss.436, 437, 439 and 438. Enter the sections to see which applies to your case.

What the procedure allows

Each answer cites the Bharatiya Nagarik Suraksha Sanhita (BNSS) first, with the old Code of Criminal Procedure (CrPC) section in brackets.

Cases registered on or after 1 July 2024 run under the BNSS. No case date was given, so this is inferred from the sections cited.

  • Bail

    Bailable

    Every offence is bailable: a person ready to give bail shall be released by the police or the court — a right, not a favour.

    BNSS s.478 (CrPC s.436)Because of: BNS s.323

  • Anticipatory bail

    No

    Every offence is bailable, so anticipatory bail is not needed.

    BNSS s.482 (CrPC s.438)

  • Arrest or notice

    Yes

    For offences up to seven years arrest is not automatic: the police must first issue a notice to appear unless they record the reasons in s.35(1)(b). A person who is infirm or above sixty cannot be arrested for an offence under three years without a DSP's permission (s.35(7)).

    BNSS s.35(3) (CrPC s.41A)

  • Default bail

    Yes

    If the police report (charge-sheet) is not filed within 60 days of the first remand, bail becomes a right — the day of remand counts as day one.

    BNSS s.187(3) (CrPC s.167(2))

  • Release of an undertrial

    Yes

    An undertrial who has spent half the maximum (1 year 6 months) in detention shall be released on bail; a first-time offender on a bond after one-third (1 year).

    BNSS s.479 (CrPC s.436A)

Anticipatory bail application outline

Open the draft

Every provision in full, and the special Acts that bar bail: Bail — which route applies