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

    Not known

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

    BNSS s.482 (CrPC s.438)

  • Arrest or notice

    No

    At least one offence carries more than seven years, life or death, so the notice rule does not apply.

    BNSS s.35(3) (CrPC s.41A)Because of: The Assam Rifles Act, 2006 s.22

  • Default bail

    Yes

    If the police report (charge-sheet) is not filed within 90 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))Because of: The Assam Rifles Act, 2006 s.22

  • Release of an undertrial

    Yes

    An undertrial who has spent half the maximum (7 years) in detention shall be released on bail; a first-time offender on a bond after one-third (4 years 8 months).

    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