8 Rights Covered
Bail as of right for bailable offences
For offences listed as bailable in the First Schedule of BNSS, bail CANNOT be refused. BNSS Section 478. Police or Magistrate must grant bail on payment of surety. No discretion to deny.
Right to anticipatory bail (before arrest)
If you apprehend arrest for a specific non-bailable offence, apply to Sessions Court or High Court under BNSS Section 482. Court can grant protection from arrest. Show reasonable fear of arrest.
Right to default bail after 60 or 90 days
If police do not file chargesheet within 60 days (for offences punishable up to 10 years) or 90 days (for more serious offences), you get an indefeasible right to bail. BNSS Section 187(1). Apply to Magistrate immediately.
Right to apply for regular bail for non-bailable offences
Even for non-bailable offences, apply to Magistrate (up to 7-year offences) or Sessions Court under BNSS Section 480. Court considers gravity, flight risk, and criminal antecedents.
Special bail right for women, elderly, and sick persons
For women, persons below 16, sick persons, and those above 60, courts are directed to consider release on bail even in non-bailable offences. BNSS Section 479(1).
Right to bail if trial is unreasonably delayed
If trial is not concluded in 3 years from date of imprisonment (for most cases), accused can apply for bail on that ground alone. BNSS Section 479(2). Applies even for serious offences.
Right to challenge oppressive bail conditions
Bail conditions (surety amount, restrictions on movement) must be reasonable and not onerous. Conditions that are oppressive can be challenged before the same court or revisional court.
High Court can always grant bail
High Court can grant bail in any case using inherent powers under BNSS Section 528, even if lower court refused. Article 226 writ petition also lies for illegal detention.