In the legal sphere, bail plays an important role in protecting the individual’s right to liberty while ensuring justice in the process. It allows an accused to stay out of the prison until he/she is proven guilty.
In the criminal law, the concepts of regular, anticipatory, and interim bail are popular terminologies that are often used by lawyers to protect the rights of clients accused of a crime. Let’s understand their differences in terms of objective, procedure, and periods.
Understanding The Concept Of Bail In The Indian Context
The concept of bail was introduced as the principle for every individual, which states that the accused is presumed innocent until proven guilty. He/she has the right to get temporarily released from custody while ensuring the security or surety to appear in court for the trial.
In India, the provision for bail is primarily governed by the Code of Criminal Procedure (CrPC) 1973. This is a judicial body that outlines various types of bail, among which regular, anticipatory, and interim are used more often in criminal cases. Let’s understand their definition and their key features so that you can get justice without compromise.
What Is Meant By Regular Bail?
Regular bail is often granted for the person who is already arrested or in police or judicial custody. The bail is approved under Section 437 CrPC for the accused in cases that are not punishable with death or life imprisonment. The High Court or the sessions court can grant regular bail under Section 439 CrPC in case the magistrate of a lower court has denied it.
Key Traits of Regular Bail
The primary objective of regular bail is to prevent unnecessary detention of an accused for a crime. The person also needs to ensure legal participation in the trial, which highlights the following features.
- Surrendering the passport.
- Regular reporting to the police station.
- Restriction on travelling out of India or the states.
- Restriction on contacting certain people.
- Revocation of bail is applied in case of violating the conditions.
What Is Anticipatory Bail?
Anticipatory bail is granted under Section 438 CrPC, where you can seek bail before he/she gets arrested. It is allowed for a person who apprehends an arrest on accusation of having committed a non-bailable offense. The principle of anticipatory bail is to prevent undue harassment or detention before getting arrested.
Key Features Of Anticipatory Bail
The anticipatory bail comes with certain conditions that an accused needs to follow to get the grant.
- Regular appearance at the nearest police station.
- No interference during the investigation process.
- Surrender the passport.
- Restriction on travel
- Timing must be sought before arrest.
- Bail can be cancelled in violation of any condition.
What Is Meant By Interim Bail?
The interim bail is granted for the temporary release of an accused person from custody while their main application for regular or anticipatory bail is still pending. It is granted under Section 437 CrPC or S.440 BNSS (Bharatiya Nagrik Suraksha Sanhita), which enables you to seek bail before being arrested for a non-bailable offense. In such cases, magistrates grant bail under certain conditions, such as the accused appearing for trial.
Key Features Of Interim Bail
The court often imposes specific conditions that the accused needs to follow during the trial to safeguard the interests of justice.
- Temporary relief for a short period.
- Ends when regular or anticipatory bail is decided.
- Surrendering the passport.
- Regular reporting to the police station.
- Not leaving the jurisdiction without permission.
- Providing sureties or a bond to appear in court.
- The interim bail can be revoked if the accused violates any imposed conditions.
Highlighting Comparison: Regular Bail vs. Anticipatory Bail vs. Interim Bail
Aspects |
Regular Bail |
Anticipatory Bail |
Interim Bail |
| Grant Condition | Granted after arrest. | Granted before arrest | Grant a bail gap until the main application is approved. |
| Legal Basis | Section 437 of the CrPC and Section 439 of the CrPC | Section 482 of the CrPC | Section 437 CrPC or S.440 BNSS |
| Duration | Until the trial is canceled or the imposed conditions are violated. | Valid till the trial is completed by the court or violation of conditions. | Valid until a regular or anticipatory bail application is approved. |
| Purpose | Protect against unnecessary custody. | Protect against possible arrest. | Provide temporary until the approval of the main application. |
​Conclusion
Navigating the bail application in India for the accused person is not an easy task, as you require specific legal reasoning, presentation of facts, and adherence to procedure for the right bail. Choosing the best criminal lawyer in Delhi can help you file the required bail as per the offense and ensure that your rights are safeguarded effectively.
A professional lawyer with years of experience in criminal law can help you draft a strong bail application, representing you before the Session Court and High Court. They adopt a strategic approach to legal arguments to secure relief and significantly improve your chances of a bail grant.
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