Types of bail in India
Short notes
There are commonly 3 types of bail in India which a person can apply depending upon the stage of the criminal matter:
- Regular Bail: A regular bail can be granted to a person who has already been arrested and kept in police custody. A person can file a bail application for regular bail under Section 437 and 439 of the Code of Criminal Procedure of 1973.
- Interim Bail: Interim bail is a bail granted for a short period of time. Interim bail is granted to an accused before the hearing for the grant of regular bail or anticipatory bail.
- Anticipatory Bail: A person, who discerns that he may be arrested by the police for a non-bailable offence, can file an application for anticipatory bail. It is like an advance bail obtained under Section 438 of the Code of Criminal Procedure of 1973. A bail under Section 438 is a bail before arrest and a person cannot be arrested by the police if the anticipatory bail has been granted by the court.