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What are the Types of Bails Under the Code of Criminal Procedure?

Best Criminal Lawyer Delhi > What are the Types of Bails Under the Code of Criminal Procedure?

What are the Types of Bails Under the Code of Criminal Procedure?

An anticipatory bail was introduced in the year 1973, under section 438 in the Code of Criminal Procedure. This was recommended by the Law Commission Of India in its 41st report. The main idea behind this was, that it is necessary to grant anticipatory bail to people because there were cases of false accusations that had come up in terms of rivalry between individuals and to prevent from getting jailed unreasonably.

What is meant by the term “bail”?

A bail simply means that the accused in some criminal offense is released for a certain period till his trial is pending in court and is yet to announce judgment. This bail, especially anticipatory bail is said to be a “presumption of innocence”, which simply means that no one can be considered a criminal until proven guilty.

As per the law, when the person gets bail then he needs to submit security to get released so that the prisoner needs to appear before the court during his trials and he cannot run away. You can take the help of some good lawyers in Delhi to make you understand this bail.

What is the Legal position of the bail?

The term “bail” is not defined under the Criminal Procedure code 1973. The actual terms are “Bailable offense” and “Nonbailable offense” that is been defined under section 2(a). You can check the provisions for bail and the bail bonds in sections 436-450 of the Criminal Procedure code. Some of the best advocates in Delhi can explain more about this definition.

Here is a small gist on the different categories of bail:

As mentioned above, the offenses can be classified as either bail or non-bailable offenses.

Bailable offenses: This is as per section 2(a) of CRPC. Here the accused can claim bail at any time while he is under police custody. His bail cannot be rejected by the police if he is claimed to commit a bailable offense

Non-bailable offense: This is used when the accused has done an offense that is not bailable. An accused will fall under the non-bailable category in the following cases:

If he has committed an offense, he needs to be given the death penalty or life imprisonment.

It has previously been convicted with the death penalty or life imprisonment or imprisonment for seven years and more.

An exception shall be given to an accused who is a woman, a minor, or a sick person. In any of the cases, your case can be considered by the best criminal lawyer in India.

What are the different types of bails?

There are 3 types of bails and i.e. Regular, Interim, and Anticipatory

Interim bail: This is a temporary or a short-term bail that is given before the first hearing in court till the regular or anticipatory bail is been given.

Anticipatory bail: A person can apply for anticipatory bail when he feels that he might be arrested before the hearing in court. However, this application can alert an investigation officer as he might feel that this person is involved in the crime.

On the other hand, the anticipatory bail can be cancelled if the accused does not obey the terms and conditions that have been imposed by the court. Also, if the complainant or the prosecution gives an application for the cancellation of this bail then it can be cancelled at any time.

Regular bail: A regular bail can be applied for under Section 437 and 439 of CrPC. Here the accused can be released under regular bail by paying a particular amount as a bail amount.

In any of the cases if necessary then the bail can be cancelled at any time by the High court, the Supreme court or the Sessions court under the section 439 (2).