LegalFirms.in — Know Your Rights
Bail Rights Under the New Criminal Laws (BNSS)
Bailable vs. non-bailable offences, anticipatory bail, default bail, and undertrial release under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — which replaced the CrPC from 1 July 2024.
Governing law: Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Sections 478–484; Bharatiya Nyaya Sanhita (BNS), 2023
From 1 July 2024, bail in India is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC), 1973. The key section numbers have changed — but the core principles remain. For offences committed on or before 30 June 2024, the CrPC still applies; for offences on or after 1 July 2024, the BNSS applies. There are four types of bail: Regular bail (Section 480/483 BNSS) after arrest; Anticipatory bail (Section 482 BNSS) before arrest in a non-bailable offence; Default bail (Section 187 BNSS) when police fail to file a chargesheet within 60 or 90 days; and Undertrial release (Section 479 BNSS) when a first-time offender has served one-third of the maximum sentence. Bail is a right for bailable offences (Section 478 BNSS) — the police cannot refuse. For non-bailable offences, the court has discretion, applying the "bail is the rule, jail is the exception" principle from Article 21.
Frequently Asked Questions
What is the difference between a bailable and non-bailable offence?
Bailable offences are less serious — bail is your absolute right and the police cannot refuse (Section 478 BNSS). Non-bailable offences are serious — bail is not a right but can be granted by a court at its discretion under Section 480 BNSS. Courts follow the principle that bail is the rule and jail is the exception, drawn from Article 21 of the Constitution.
Source: BNSS 2023, Sections 478, 480
What is the difference between a bailable and non-bailable offence?
Bailable offences are less serious — bail is your absolute right and the police cannot refuse (Section 478 BNSS). Non-bailable offences are serious — bail is not a right but can be granted by a court at its discretion under Section 480 BNSS. Courts follow the principle that bail is the rule and jail is the exception, drawn from Article 21 of the Constitution.
Source: BNSS 2023, Sections 478, 480
What is the new section number for anticipatory bail under BNSS?
Anticipatory bail is now Section 482 BNSS (previously Section 438 CrPC). Section numbers have changed: Section 436 CrPC (bailable bail) is now Section 478 BNSS; Section 437 CrPC (non-bailable bail) is now Section 480 BNSS; Section 439 CrPC (High Court/Sessions Court bail) is now Section 483 BNSS. The old CrPC sections apply to offences committed before 1 July 2024.
Source: BNSS 2023, Chapter XXXV
What is the new section number for anticipatory bail under BNSS?
Anticipatory bail is now Section 482 BNSS (previously Section 438 CrPC). Section numbers have changed: Section 436 CrPC (bailable bail) is now Section 478 BNSS; Section 437 CrPC (non-bailable bail) is now Section 480 BNSS; Section 439 CrPC (High Court/Sessions Court bail) is now Section 483 BNSS. The old CrPC sections apply to offences committed before 1 July 2024.
Source: BNSS 2023, Chapter XXXV
What is default bail and when does it apply?
Default bail (also called statutory bail) is your right if the police fail to file a chargesheet within the prescribed time limit — 60 days for offences punishable up to 3 years, 90 days for offences punishable by death, life imprisonment, or 10 or more years (Section 187 BNSS). Once the deadline expires and you apply for bail, the court must release you. This right must be claimed before the chargesheet is filed.
Source: BNSS 2023, Section 187
What is default bail and when does it apply?
Default bail (also called statutory bail) is your right if the police fail to file a chargesheet within the prescribed time limit — 60 days for offences punishable up to 3 years, 90 days for offences punishable by death, life imprisonment, or 10 or more years (Section 187 BNSS). Once the deadline expires and you apply for bail, the court must release you. This right must be claimed before the chargesheet is filed.
Source: BNSS 2023, Section 187
What is undertrial release under Section 479 BNSS?
A first-time offender who has spent one-third of the maximum sentence for the offence in detention as an undertrial is entitled to bail under Section 479 BNSS. For offences punishable by 7 years or less, this threshold is one-third. For more serious offences, it is one-half. This does not apply to offences punishable by death or life imprisonment. The Supreme Court in 2024 directed that this provision applies retroactively to CrPC cases too.
Source: BNSS 2023, Section 479
What is undertrial release under Section 479 BNSS?
A first-time offender who has spent one-third of the maximum sentence for the offence in detention as an undertrial is entitled to bail under Section 479 BNSS. For offences punishable by 7 years or less, this threshold is one-third. For more serious offences, it is one-half. This does not apply to offences punishable by death or life imprisonment. The Supreme Court in 2024 directed that this provision applies retroactively to CrPC cases too.
Source: BNSS 2023, Section 479
Can bail be cancelled after it is granted?
Yes. The court that granted bail, or a superior court, can cancel bail if the accused misuses liberty — tampering with evidence, threatening witnesses, fleeing, or committing another offence. The prosecution or complainant can apply for cancellation.
Source: BNSS 2023, Section 480
Can bail be cancelled after it is granted?
Yes. The court that granted bail, or a superior court, can cancel bail if the accused misuses liberty — tampering with evidence, threatening witnesses, fleeing, or committing another offence. The prosecution or complainant can apply for cancellation.
Source: BNSS 2023, Section 480
Are women and minors treated differently for bail?
Section 480 BNSS provides special consideration for women, persons under 16, the sick, and the infirm even in non-bailable offences. Courts are expected to be more liberal with bail for these categories. POCSO offences involving children are an exception — courts apply stricter scrutiny.
Source: BNSS 2023, Section 480
Are women and minors treated differently for bail?
Section 480 BNSS provides special consideration for women, persons under 16, the sick, and the infirm even in non-bailable offences. Courts are expected to be more liberal with bail for these categories. POCSO offences involving children are an exception — courts apply stricter scrutiny.
Source: BNSS 2023, Section 480
What is the difference between regular bail and anticipatory bail?
Regular bail (Section 480/483 BNSS) is sought after you have been arrested. Anticipatory bail (Section 482 BNSS) is sought before arrest when you have reason to believe you may be arrested for a non-bailable offence — you apply to the Sessions Court or High Court. Anticipatory bail typically continues until the trial unless the court imposes a time limit.
Source: BNSS 2023, Sections 480, 482, 483
What is the difference between regular bail and anticipatory bail?
Regular bail (Section 480/483 BNSS) is sought after you have been arrested. Anticipatory bail (Section 482 BNSS) is sought before arrest when you have reason to believe you may be arrested for a non-bailable offence — you apply to the Sessions Court or High Court. Anticipatory bail typically continues until the trial unless the court imposes a time limit.
Source: BNSS 2023, Sections 480, 482, 483
Does BNSS apply to offences that happened before 1 July 2024?
No. The BNSS applies to offences committed on or after 1 July 2024. For offences committed on or before 30 June 2024, the CrPC and IPC continue to apply. Both codes are currently running in parallel in Indian courts. Always check the date of the offence to know which law applies.
Source: BNSS 2023, Section 531
Does BNSS apply to offences that happened before 1 July 2024?
No. The BNSS applies to offences committed on or after 1 July 2024. For offences committed on or before 30 June 2024, the CrPC and IPC continue to apply. Both codes are currently running in parallel in Indian courts. Always check the date of the offence to know which law applies.
Source: BNSS 2023, Section 531
More on the magazine
Explore related articles in our Know Your Rights collection
In-depth explainers and case commentary on the LegalFirms Magazine.
Educational content, not legal advice. These explainers summarise general legal positions and cite the underlying statutes; they do not replace advice tailored to your specific situation. Consult an advocate for anything you plan to act on.