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Your rights

Do I have the right to bail?

Short answer

For bailable offences, bail is a right. For non-bailable, court decides.

Understanding the issue

For bailable offences (minor crimes), you have the RIGHT to bail — police must grant it. For non-bailable offences (serious crimes), bail is at the court's discretion. Important: 'Bail is the rule, jail is the exception' — Supreme Court. If police don't grant bail for bailable offence, you can approach the court. For all offences, you can apply for anticipatory bail before arrest if you fear arrest.

Laws that apply

  • BNSS Section 478 — Bail in bailable offences (right)
  • BNSS Section 480 — Bail in non-bailable offences
  • BNSS Section 482 — Anticipatory bail
  • Article 21 — Personal liberty