Bail in Law

What is bail in Indian law?

Under Indian criminal law, there is a provision for anticipatory bail under Section 440 of the Criminal Procedure Code. ... This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.

When anticipatory bail can be granted?

ANTICIPATORY BAIL. Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek 'Anticipatory Bail'. This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence.

When can bail be granted in non bailable Offence?

The statutory provision under Section 473 of CrPC confers a discretionary power on the Court or concerned Police Officer the power to release the accused on bail, accused of non-bailable offence. Exception being that the accused shall not be guilty of offence punishable with death or with imprisonment for life.

Is bail amount refundable India?

No. The money that is held by courts through bail money or through other means (official liquidator or Court receiver) are interest free deposits. ... Bail amount can not be refunded. The bail amount is deposited for securing release pending trial, hence once you deposit such amount you get out of prison.

How many days it will take to get anticipatory bail?

Answer. If a bail application is filed for regular bail (Regular is when person is arrested) in a Sessions Court the matter will be usually decided in 1 or 2 days. But if the bail application is filed before High Court a notice is issued to state which is usually returnable after two months.

What happens if anticipatory bail is rejected?

It means that once bail is rejected by trial court, appeal lies to high court, if rejected by high court, then appeal lies to SC. ... Therefore, once a bail is rejected one can appeal to higher court against the rejection of bail order, alternatively, one can apply for bail in a fresh application.

What is the validity of anticipatory bail?

Generally court grants anticipatory bail for a period of 30 days and after the period of 30 days, one needs to apply for regular bail. But if the person is arrested, he must produce his Anticipatory Bail and also file for regular bail during the stipulated time of the Anticipatory Bail.

What is a regular bail?

Regular bail- This form of bail is granted to a person who is already under custody. Interim bail- An order of bail granted as an interim measure before the regular bail is considered by the court.

What are the types of bail?

Let's start with the most common ones.
- Cash Bail. Cash bail means that the accused pays the full amount of bail in cash.
- Surety Bond.
- Release on Citation (Cite Out).
- Release on Own Personal Recognizance.
- Property Bond.
- Dealing with Bail Bond Agents

When can bail be granted in non bailable Offence?

The statutory provision under Section 473 of CrPC confers a discretionary power on the Court or concerned Police Officer the power to release the accused on bail, accused of non-bailable offence. Exception being that the accused shall not be guilty of offence punishable with death or with imprisonment for life

Is bail amount refundable India?

No. The money that is held by courts through bail money or through other means (official liquidator or Court receiver) are interest free deposits. ... Bail amount can not be refunded. The bail amount is deposited for securing release pending trial, hence once you deposit such amount you get out of prison

Can you pay your own bail?

Posting bail can be done in a few ways, such as: Paying by cash or check; ... Giving a bond (a promise to pay if you don't appear) in the full amount of your bail; or. Signing a statement that says you will appear in court at the required time, generally called being released on your own recognizance or "O.R."

Do you get bail money back if case is dismissed?

If You Paid Directly to the Court. If you were able to secure the money needed to pay your bail in full directly to the court, you are eligible to have the money returned to you should the case be dismissed.

Where does the money for bail go?

Bail money is held by the court until the court case is resolved or the individual fails to appear. In the first case the money is returned to the individual who paid it. In the last case the money is forfeited and is distributed according to regulation usually to law enforcement and/or the courts.

What are non bailable Offences in India?

List of Bailable & Non-Bailable Offences Under Indian Penal Code :

Section - 124A

Offence - Sedtion

Non-Bailable

Section - 131

Offence - Abetting Mutiny or Attempting To Seduce a Soldier, Sailor or Airman

Non-Bailable

Section - 140

Offence - Wearing Soldier’s Grab, Sailor, Airman

Bailable

Section - 144

Offence - Punishment for Unlawful Assembly

Bailable