Bail provisions are contained in Sections 478 to 496 in the BNSS, 2023. In CrPC, these were enshrined in Sections 436 to 450 CrPC.

Bail, Bail Bond and Bond have been defined in the BNSS:

In Section 2. (1) (b) BNSS: 'Bail' refers to the freeing of a person held under suspicion or accusation of having committed an offense from legal custody under certain conditions set forth by an officer or Court, which the individual must satisfy by signing a bond or bail bond.

Section 2 (d) BNSS: “Bail Bond” means an undertaking for release with surety;

Section 2 (e) BNSS: “Bond” means a personal bond or an undertaking for release without surety;

Regular Bail:

This type of bail is applied for when a person is in police custody or judicial custody.

The application for bail is usually made to the magistrate court, sessions court, or high court, or Supreme Court depending on the seriousness of the offense.

Section 480 (1) (ii) BNSS (Third Proviso):

The mere necessity of an accused person's presence for witness identification or continued police custody beyond the initial fifteen days shall not, in itself, be a valid reason to deny bail. If an accused person is otherwise eligible for bail and provides an undertaking to comply with court directives, bail should not be denied solely on the basis of the need for identification or extended police custody.

Anticipatory Bail:

This type of bail is sought before a person is arrested. It is essentially a pre-arrest bail and is often applied for when an individual fears that they might be arrested on false or trumped-up charges. The application for anticipatory bail can be made to the sessions court or high court or supreme court.

Anticipatory Bail is a legal recourse sought before an arrest, primarily acting as a pre-arrest bail. Individuals often apply for this when they fear an imminent arrest based on false or fabricated charges. Applications for anticipatory bail can be filed with the Sessions Court, High Court, or Supreme Court. Section 482 BNSS contains the provisions of the anticipatory bail. Section 482 BNSS contains the provisions of the anticipatory bail.

Section 482 (1) BNSS:

An individual who believes they might be arrested for a non-bailable offense can petition the High Court or Court of Session for a directive under this section. The court, at its discretion, may issue an order mandating that if the individual is arrested, they shall be released on bail.

Section 482 (2) BNSS:

When the High Court or the Court of Session issues a direction under subsection (1) of Section 482 BNSS, it has the authority to impose conditions on the individual. These conditions must be relevant to the specific case and may include:

Requiring the individual to make themselves available for questioning by a police officer as needed.

Prohibiting the individual from directly or indirectly influencing, threatening, or offering promises to anyone involved in the case to prevent them from sharing information with the Court or police.

Preventing the individual from leaving India without prior permission from the Court.

Imposing any other conditions outlined in subsection (3) of Section 480, as if bail had been granted under that section.

Section 482 (3) BNSS:

If a person who has been granted anticipatory bail is arrested without a warrant by a police officer in charge of a station, based on an accusation, offers bail at the time of arrest or while in custody, they must be released on bail. If a Magistrate later decides a warrant is needed, they must issue a bailable warrant in accordance with the court's guidelines.

Section 482 (4) BNSS:

The provisions of Section 480 (1) for anticipatory bail shall not apply to any case where a person is arrested for allegedly committing an offense under section 65(2) BNSS – rape on a woman under 12 years of age or section 70 BNSS – Gang Rape.

The BNSS removes several guiding factors previously considered by courts when determining applications for anticipatory bail. These factors included the severity of the alleged crime, the accused's criminal history, and the likelihood of their absconding. This removal expands the discretion available to courts when handling such applications. Additionally, the BNSS eliminates the requirement for the applicant seeking anticipatory bail to be present at the final hearing and the issuance of the order.

Default Bail:

Section 187 (3) BNSS:

A Magistrate cannot detain an accused in custody under this provision for a total period exceeding:

(i) Ninety days for offenses punishable by death, life imprisonment, or imprisonment for ten years or more.

(ii) Sixty days for all other offenses.

After the expiration of the specified period (90 days or 60 days), the accused must be released on bail if they are willing and able to provide it.

Default bail is a specific type of bail that operates as a safeguard against prolonged detention without trial. It is also referred to as 'statutory bail' or 'compulsory bail,' highlighting its legal basis and mandatory nature. This type of bail kicks in when investigative agencies fail to complete their investigation and file a charge sheet within a stipulated timeframe.

The law prescribes specific time limits for filing charge sheets, depending on the severity of the offense. For crimes punishable by death, life imprisonment, or imprisonment exceeding ten years, the charge sheet must be filed within 90 days of an individual's arrest. In cases of other offenses, the charge sheet has to be submitted within 60 days.

If an investigation is not completed and a charge sheet is not filed within the prescribed period, then the accused person becomes entitled to what is known as default bail. It's his legal right, so he must make an application for it after the expiry of the specified time period. On its part, the court has no option but to grant bail— provided that the accused shows willingness to give such bail bonds as are demanded by law.

Default bail, in essence, is meant to make sure that people are not kept incarcerated endlessly without a trial in open court. It is thus a device designed to secure the individual's freedom and avoid his or her arbitrary detention; the idea being that the legal system should work out cases with promptitude and fairness. Default bail is one of the legal systems where an individual can be let free from jail after being charged for an offence. It is granted upon the fulfilment of certain conditions, such as providing bail bonds and sureties as determined by the court.

The specific conditions of bail, including the bail bond amount and any additional stipulations, are established by the court during the bail hearing. The purpose of these conditions is to ensure that the accused appears for scheduled court dates and complies with the terms of their release.

In the event that an accused individual is entitled to default bail but is denied, they have the right to challenge such denial in a higher court. The default bail is a very important part of the Indian legal system. It is the right of an accused person to get this bail and any incorrect refusal can be challenged.

Default bail plays a significant role in ensuring justice for the accused individual. It acts as a barrier for investigative authorities so that they do not elongate the investigation without any solid reason which could deprive the accused of his freedom beyond what is allowed by law before proper scrutiny by a judicial officer; thus, it upholds his rights.

Interim Bail:

This is a temporary bail granted for a short period of time, typically until the application for regular bail or anticipatory bail is decided by the court. Interim bail can be granted by the same courts that grant regular and anticipatory bail.

Bail for Undertrial Prisoners & Accused Persons:

Section 479 (1) BNSS:

The person detained during any investigation, inquiry, or trial shall be released on bail by the court if the offense is not punishable by death or imprisonment for life and that person has already served half of the maximum period of imprisonment provided for that offense. If the individual is a first-time offender with no prior criminal convictions, the Court shall grant bail upon detention for a period not exceeding one-third of the maximum imprisonment prescribed for the offense under the applicable law.

Section 479 (2) BNSS:

Despite the provisions of Section 479(1) BNSS and subject to its third proviso, if an investigation, inquiry, or trial for multiple offenses or cases is pending against an individual, they shall not be granted bail by the court.

Section 479 (3) BNSS:

The Superintendent of the jail where the accused is detained is required to submit a written application to the Court. This application must be filed after the accused has served either one-half or one-third of the period specified in sub-section (1), depending on the circumstances. The aim of this application is to kick-start the procedure delineated in sub-section (1) for potentially letting the accused out on bail.

Cancellation of Bail:

Sections 480 (5) & 483 BNSS:

Courts possess the authority to cancel bail granted under Section 480 of the BNSS. This power extends to High Courts and Courts of Session under Section 483 BNSS. Notably, despite numerous judicial interpretations regarding bail cancellation, the legislature has refrained from codifying specific grounds for such action. This grants the judiciary extensive discretion in revoking bail, potentially infringing upon an individual's constitutional rights to life and liberty.