In short: for a bailable offence, bail is a right and is given by the police or the court. For a non-bailable offence, you apply to the magistrate, and for serious offences to the Sessions Court or High Court. If you fear arrest, you can apply in advance for anticipatory bail to the Sessions Court or High Court. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the CrPC from 1 July 2024; the old section numbers are given below because people still search for them.
Bailable and non-bailable offences
Each offence is classed as bailable or non-bailable in the schedule to the BNSS. In a bailable offence (BNSS Section 478, earlier CrPC 436), the police or the court must release you on bail on furnishing a bond. In a non-bailable offence, bail is at the court's discretion.
Types of bail
- Regular bail after arrest: before the magistrate (BNSS Section 480, earlier CrPC 437), or the Sessions Court or High Court (BNSS Section 483, earlier CrPC 439).
- Anticipatory bail before arrest, if you have reason to believe you may be arrested for a non-bailable offence: before the Sessions Court or High Court (BNSS Section 482, earlier CrPC 438).
- Default bail if the police do not file the charge sheet in time: 60 or 90 days depending on the offence (BNSS Section 187, earlier CrPC 167(2)).
- Interim bail for a short period while the main bail application is heard.
What the court considers
The nature and seriousness of the accusation, the evidence, your criminal record, the chance of you running away or influencing witnesses, and how long you have already been in custody. Conditions such as reporting to the police station, surrendering a passport or not leaving the area are common.
Documents usually needed
- copy of the FIR or complaint, and the arrest memo if arrested;
- identity and address proof of the accused;
- surety with identity and address proof (and property or income proof where asked);
- any documents that support your side, such as payment records or medical papers.
Questions people ask
How do I get anticipatory bail in India?
File an application under BNSS Section 482 (earlier CrPC 438) in the Sessions Court or High Court with jurisdiction, explaining why you fear arrest and why you should be protected. The court may grant interim protection until it decides.
What is the difference between bailable and non-bailable offences?
In a bailable offence, bail is a right and must be given. In a non-bailable offence, the court decides, looking at the seriousness of the case, the evidence and the risk of the accused absconding or tampering with evidence.
Which court should I apply to for bail?
Usually the magistrate first. For serious offences, or if the magistrate refuses, the Sessions Court, and then the High Court. Anticipatory bail is filed directly in the Sessions Court or High Court.
What is default bail?
If the police do not file the charge sheet within 60 or 90 days of remand (depending on the offence), the accused is entitled to bail under BNSS Section 187 (earlier CrPC 167(2)), provided it is applied for before the charge sheet is filed.
Can bail be cancelled?
Yes, if the accused breaks the conditions, threatens witnesses or tampers with evidence, the court can cancel bail on an application by the prosecution or the complainant.
How long does it take to get bail?
In bailable offences, the same day. In non-bailable offences, it depends on the court's list and the case, from a few days to several weeks, which is why interim bail is often sought.
Facing a criminal case or arrest?
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.