“There’s fish for everything... but no bail!” We may have laughed at Vadivelu’s comedy line. But in real life, bail is an important legal procedure connected to a person’s freedom!
If a case is filed against someone, will they be arrested? If arrested, can they get bail? Let’s find out!
If bail is granted, does that mean acquittal from the case?
No! Bail simply means being allowed to remain out of custody, subject to the conditions imposed, while the case is being heard or at another appropriate stage under the law. Getting bail does not mean being freed from the charges.
Is bail available for all offenses?
Offenses are classified as bailable and non-bailable.
In bailable offenses, granting bail is a legal right. This is specified in Section 478 of the BNSS.
In non-bailable offences, granting bail is subject to the court’s discretionary power; however, it is not an arbitrary power. The decision is made based on the seriousness of the offence, the available evidence, the likelihood of the accused absconding, the risk of influencing witnesses, and other conditions specified in the law.
The key legal provision for this is Section 480 of the BNSS.
Can bail be obtained before arrest?
We often hear news that politicians and celebrities have “filed a petition seeking anticipatory bail.”
If there is a reasonable fear that you may be arrested on a non-bailable charge, you can apply for anticipatory bail, subject to the conditions set out in the law. The relevant legal provision is BNSS 482. This is not only for politicians; anyone who is eligible can apply. However, anticipatory bail cannot be sought in all offenses. In particular, there is an exception under BNSS Section 482 for specific charges falling under BNS Sections 65 and 70(2).
Do I have to sign at the police station every day?
We may have seen in movies and news reports people who have been released on bail going to the police station every day to sign in. But this condition is not imposed on everyone.
Depending on the case, the court may impose conditions such as appearing at the police station on specified days, cooperating with the investigation, and not threatening witnesses.
If these conditions are violated, depending on the circumstances, the appropriate court may be approached to seek cancellation of bail. Under Section 483 of the BNSS, the High Court and the Court of Session have the authority to grant bail and to modify or remove the bail conditions imposed by the Magistrate. They can also, subject to due legal procedure, order that a person already released on bail be taken back into custody.
What does the Supreme Court say?
In State of Rajasthan v. Balchand (1977), the Supreme Court emphasized the principle of “Bail, not jail.” That is, in decisions relating to bail, undue imprisonment should be avoided and due importance should be given to individual liberty. However, this does not mean that bail will be granted in every case. The court will also consider factors such as the risk of absconding, the possibility of threatening witnesses, and the likelihood of reoffending.
Remember! If bail is granted, it does not mean the person is innocent; if bail is denied, it does not mean the person is guilty either. It is the court that decides whether guilt has been proven.
Bail is not freedom; it is a legal opportunity to face the trial from outside prison!