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

    Not known

    Whether these are bailable is not published.

    BNSS s.478 (CrPC s.436)

  • Anticipatory bail

    No

    A special Act in this case shuts out anticipatory bail for its offences.

    • Special Act:Anticipatory bail is barred for an offence under this Act (s.18; s.18A). Courts may still grant it where no prima facie case is made out. SC/ST Act s.18

    BNSS s.482 (CrPC s.438)Because of: SC/ST Act s.5

  • Arrest or notice

    Not known

    The classification of these sections is not published yet, so this cannot be answered.

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

  • Default bail

    Not known

    The classification of these sections is not published yet, so this cannot be answered.

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

  • Release of an undertrial

    Not known

    The classification of these sections is not published yet, so this cannot be answered.

    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