An arrest can happen in minutes, and the first question a family asks is: how fast can bail be obtained? Since 1 July 2024, bail is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, 1973.

Bailable and non-bailable offences

In a bailable offence, bail is a matter of right. Under Section 478 BNSS (earlier Section 436 CrPC), the police or the court must release the accused on furnishing a bond, with or without sureties. In a non-bailable offence, bail is a matter of judicial discretion under Section 480 BNSS (earlier Section 437 CrPC), and the High Court and Sessions Court have wider powers under Section 483 BNSS (earlier Section 439 CrPC).

What courts weigh

• Nature and gravity of the accusation and the likely punishment.
• Prima facie material against the accused.
• Risk of absconding, tampering with evidence or influencing witnesses.
• Criminal antecedents, age, health and family responsibilities.
• Length of custody and likely delay in trial.

Bail is the rule

The Supreme Court has repeatedly said that personal liberty under Article 21 is central. In Sanjay Chandra v. CBI (2012), a 2G spectrum case involving corporate executives, the Court stressed that detention before conviction is not meant to be punishment. In Satender Kumar Antil v. CBI (2022), it issued detailed guidelines asking courts to avoid needless arrests and to decide bail applications promptly. In 2019 the Court granted bail to former Union Minister P. Chidambaram in the INX Media matter, and in 2024 it reiterated in Manish Sisodia's case that bail is the rule and jail the exception, even under stringent statutes.

Arrest safeguards

In Arnesh Kumar v. State of Bihar (2014), the Court directed that police must not arrest automatically in offences punishable up to seven years, and should issue a notice of appearance and record reasons. These principles continue to guide the BNSS.

Conditions and sureties

Courts commonly impose conditions such as surrender of passport, regular reporting, not leaving the city, and not contacting witnesses. Excessive surety demands can be challenged.

If a family member has been arrested, move early: collect the FIR, arrest memo and remand order, and brief an advocate before the first production before the Magistrate within 24 hours.

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This article is for general information only and is not legal advice. Law and procedure change; please verify the current position for your specific case. Last reviewed: November 2026.