Bail, Anticipatory Bail & Default Bail — KSLU Bnss Notes
Bail, Anticipatory Bail & Default Bail
Bail secures the release of an accused on an undertaking to appear. In a bailable offence (S.478) bail is a matter of right; in a non-bailable offence (S.480) it is at the court’s discretion, guided by the gravity of the offence, the risk of absconding, tampering with evidence and the antecedents of the accused.
| Type | Section | Key feature |
|---|---|---|
| Bail in bailable offence | S.478 | Release as of right |
| Bail in non-bailable offence | S.480 | Discretionary; restrictions for grave offences |
| Anticipatory bail | S.482 | Pre-arrest bail where arrest is apprehended (Gurbaksh Singh Sibbia) |
| Default / statutory bail | S.187(3) | Indefeasible right if charge-sheet not filed in 60/90 days |
Anticipatory bail (S.482) — explained in Gurbaksh Singh Sibbia v. State of Punjab (1980) — is available only to a person who is not yet in custody and apprehends arrest in a non-bailable offence. Default bail (S.187(3)) gives the accused an indefeasible right to be released if the investigation is not completed and the charge-sheet not filed within 60 days (ordinary offences) or 90 days (offences punishable with death, life or 10+ years) — provided he applies and is prepared to furnish bail before the charge-sheet is filed.