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

    Non-bailable

    At least one offence is non-bailable: bail is the court's discretion — the Magistrate (s.480) or the Sessions Court / High Court (s.483).

    Where death or life is in play a Magistrate may not grant bail unless the accused is a child, a woman, or sick or infirm (proviso to s.480(1)); the application then goes to the Sessions Court or High Court (s.483).

    • If it applies:If the offence involves a commercial quantity, bail needs the twin conditions: the Public Prosecutor is heard and the court finds reasonable grounds to believe the accused is not guilty and will not offend on bail. NDPS Act s.37(1)(b)

    BNSS s.480 (CrPC s.437)BNSS s.483 (CrPC s.439)Because of: The Narcotic Drugs and Psychotropic Substances Act, 1985 s.31A

  • Anticipatory bail

    Yes

    If arrest is feared, anticipatory bail may be sought from the Sessions Court or High Court. Some special Acts bar it, such as s.18 of the SC/ST (Prevention of Atrocities) Act.

    BNSS s.482 (CrPC s.438)Because of: The Narcotic Drugs and Psychotropic Substances Act, 1985 s.31A

  • 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 Narcotic Drugs and Psychotropic Substances Act, 1985 s.31A

  • 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.

    • If it applies:If the offence involves a commercial quantity, the period is 180 days (extendable up to one year by the Special Court), not 60 or 90. NDPS Act s.36A(4)

    BNSS s.187(3) (CrPC s.167(2))Because of: The Narcotic Drugs and Psychotropic Substances Act, 1985 s.31A

  • Release of an undertrial

    No

    Not available where death or life imprisonment is a punishment.

    BNSS s.479 (CrPC s.436A)Because of: The Narcotic Drugs and Psychotropic Substances Act, 1985 s.31A

Anticipatory bail application outline

Open the draft

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