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Bail is the rule and jail the exception — but how bail works depends on the offence and the stage of the case. Here is a clear overview.
Last reviewed: October 2026 · General information only, not legal advice.
| Type | Provision | When it applies |
|---|---|---|
| Bail in bailable offences | BNSS 478 | A matter of right; police or court must release on bail. |
| Regular bail (non-bailable) | BNSS 480, 483 | After arrest; Magistrate (480) or Sessions Court / High Court (483) decide on discretion. |
| Anticipatory bail | BNSS 482 | Before arrest, when arrest is apprehended for a non-bailable offence; Sessions Court or High Court. |
| Default (statutory) bail | BNSS 187(3) | If the charge-sheet is not filed within 60 or 90 days, depending on the offence. |
| Undertrial release | BNSS 479 | After half of the maximum sentence; one-third for a first-time offender. |
If you have reason to believe you may be arrested for a non-bailable offence, you can apply to the Sessions Court or the High Court BNSS 482. The court considers the nature of the accusation, your antecedents, the likelihood of fleeing, and whether the accusation appears intended to humiliate or injure.
Courts weigh the seriousness of the offence, the strength of the evidence, the likelihood of absconding or tampering with evidence, criminal antecedents, health, age and period already spent in custody. If bail is refused by the Magistrate, you can apply to the Sessions Court, then the High Court and, in appropriate cases, the Supreme Court.
If the investigation is not completed and the charge-sheet is not filed within 90 days (offences punishable with death, life imprisonment or 10 years or more) or 60 days (other offences), the accused becomes entitled to bail on applying for it BNSS 187(3). The application must be made before the charge-sheet is filed.
Anticipatory bail, earlier under Section 438 CrPC, is now governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Anticipatory bail can be granted by the Court of Session or the High Court. In practice, the Sessions Court is usually approached first.
Default bail is the right to be released if the police do not file the charge-sheet within 60 or 90 days of remand, depending on the offence, under Section 187(3) of the BNSS. The accused must apply for it before the charge-sheet is filed.
Yes. If bail is refused by the High Court, a Special Leave Petition can be filed before the Supreme Court challenging the refusal.
Every case turns on its own facts. Speak to Advocate Ajay Mishra for advice specific to your situation — in person at IP Extension (Delhi) or Vaishali (Ghaziabad), by phone, or by video call.