Types of Bails

1. Statutory Bail

Statutory bail is granted when the investigation is not completed within a specified period as mandated by law. For example, under Section 167(2) of the Criminal Procedure Code (CrPC) in India, if an accused is in custody and the charge sheet is not filed within 60 days (for offenses punishable with imprisonment up to 10 years) or 90 days (for offenses punishable with death, life imprisonment, or imprisonment for more than 10 years), the accused is entitled to bail. This is also referred to as “default bail”.

2. Regular Bail

Regular bail is granted to an accused person who is already in police or judicial custody. Under Sections 437 and 439 of the CrPC, the accused can apply for bail to the court. The court, upon consideration of the case’s merits and circumstances, may grant bail, ensuring that the accused appears before the court as required and does not tamper with evidence or intimidate witnesses.

3. Interim Bail

Interim bail is a temporary bail granted before the hearing for regular bail or anticipatory bail is concluded. It is typically granted for a short duration, giving the accused temporary relief from custody until the final decision on their regular or anticipatory bail application is made.

4. Anticipatory Bail

Anticipatory bail is granted under Section 438 of the CrPC to a person who anticipates arrest for a non-bailable offense. It allows the individual to seek bail in anticipation of an arrest and, if granted, ensures that they are not taken into custody. The court can impose certain conditions while granting anticipatory bail, such as requiring the person to make themselves available for interrogation by the police as needed.

Summary

• Statutory Bail: Granted when investigation exceeds prescribed period.
• Regular Bail: Granted to an accused already in custody.
• Interim Bail: Temporary bail before a final bail decision.
• Anticipatory Bail: Granted in anticipation of arrest for a non-bailable offense.

Understanding these distinctions helps in navigating legal processes and ensuring proper legal recourse when dealing with arrests and detention.