Supreme Court of India: Referring to the important right of the High Court to grant bail 47 years ago, the Supreme Court had said in a case of Rajasthan, “Bail is a right and jail is an exception”.
As soon as there is an arrest or apprehension of arrest, the first thing that happens is to run for bail, so that one has to stay in jail as little as possible.
This has also been given prominence in the new criminal laws, under which Section 35 of the Indian Civil Security Code (BNSS) requires notice before arrest in crimes punishable with 3 to 7 years, while Section 479 gives the right to bail to a person imprisoned for the first crime after serving one-third of the total sentence.
Similarly, in the Indian Judicial Code (BNS), crimes have been divided into two parts, bailable and non-bailable.
There is anticipatory bail before arrest and after arrest, right to release on bail from the police station to the magistrate, before or after the charge sheet, at the time of trial and after sentencing.
In such a situation, before applying for bail, it is important to know which sections the crime belongs to, what are the bail provisions?
Liberality: Section 479(1) of BNSS: Bail on serving one-third jail term before sentencing for the first offence, this was not there in CrPC.
Strictness: Section 479(2) of BNSS: No bail if multiple offences are registered, this was not there in CrPC.
Automatic release- Section 479(2) of BNSS: Jail superintendent will present bail application for bail after serving one-third or half jail term.
Anticipatory bail: No anticipatory bail for gang rape of a minor in BNSS, gang rape of a girl below 16 years of age was prohibited in CrPC.
Bail provisions from Section 478 to 483 of BNSS
Section 478: Bail in cases like assault, threat, death due to negligence, negligent driving.
Section 479(1): Bail on completion of half sentence in cases other than life imprisonment or death penalty.
Bail is granted even if the sentence is less than one-third of the time in jail for the first offence.
Section 479(2): No bail if the offence is more than one.
Section 479(3): Jail superintendent will present an application for bail.
Section 480(1): No bail if the sentence is life imprisonment or death or if the sentence of 3 to 7 years has been passed two or more times. Women, children, sick or disabled are exempted from this. It is mandatory to hear the government’s side for bail.
Section 480(3): Conditions for bail are possible in case of sentence of more than seven years.
Section 481(1): Appearance in the High Court is mandatory if summoned till the decision on the appeal is taken.
Section 482(1): Anticipatory bail can be granted.
Section 483: Special powers of the High Court or Sessions Court
Schedule under BNSS: It contains the provisions of offences under the Indian Penal Code and their punishment and the competent court.
