“Bail” is a widely used term by stakeholders related to criminal law in India. In simple words, bail is a provisional release of an accused in a criminal case. It is a temporary relief in exchange for a security amount and the mandatory appearance of the accused in court trials.
Bail is categorized on the grounds on which it is granted, namely, regular bail and anticipatory bail. Bail can be revoked at any time by the court on account of misconduct. An individual seeking bail has to seek legal help from criminal litigation experts. AM Partners are referred to as a synonym for criminal law specialists and are easily approachable.
This article will resolve all the doubts regarding the difference between anticipatory bail and regular bail. Stay hooked!
What is anticipatory bail?
Section 438 of the CrPC and 482 of the Bhartiya Nagarika Suraksha Sanhita (BNSS) provide the provisions for anticipatory bail from the sessions court or the High Court. An anticipatory bail is granted to an accused of a criminal offense who has a very high chance of being arrested.
The individual must comply with the court’s directives to receive bail, and if they fail to do so can end the validity. A criminal law expert can help you secure bail. AM Partners is famous for their success rate in criminal litigation. They are the best lawyers in Chandigarh for a solid defense in the courtroom.
Purpose of anticipatory bail
Anticipatory bail is preventive. It protects the freedom of an individual before getting arrested. Someone accused of a criminal offense can apply for anticipatory bail in the sessions court or the High Court before actual conviction. The applicant has to provide valid reasons for seeking bail, which are:
- The bail application must prove that the applicant has a high chance of being convicted of a false charge. They should seek some spare time to prove their innocence in court.
- The applicant has to prove that the anticipated arrest is the result of ill thought or a planned conspiracy.
- Anticipatory bail is granted in case of a non-bailable offense, which the applicant should state in court.
- The court must be in confidence with the applicant for complete cooperation for a fair interrogation.
- A clean criminal record is an advantage for bail.
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The condition of anticipatory bail
Anticipatory bail safeguards an individual from being convicted on false charges. The procedure for anticipatory bail requires a criminal law representative. In the stance of bail acceptance, the court may impose some conditions on the bailee. These conditions have to be followed during the bail tenure, and in case of violation, the bail shall be revoked:
- Complete cooperation: Applicant must cooperate with the investigating team and be present when needed.
- No evidence tampering: The applicant must ensure that they will not try to tamper with or destroy the crime evidence in any way.
- Influence: The applicants should not attempt to influence or pressure the witnesses.
- Passport surrender: In some cases, applicants have to surrender their passports, as directed by the court, if there is a chance to flee the nation.
- Bail Bond/Surety: Applicants may be required to deposit a bond or surety for Bail to ensure their court appearance in future trials.
- Reporting to the police station: The Applicant may be directed by the court to report to the local police station regularly.
- No repeated offenses: The applicant must not commit any other offense while they are free on bail for an impending trial.
What is regular bail?
Regular bail is defined in section 437/439 of CRPC and section 480/483 of BNSS. Regular bail is granted to a person who is under police custody for any criminal offense. It can be a bailable or non-bailable offense.
Regular bail lies under the jurisdiction of the Magistrate Court for minor cases and the Sessions Court or High Court for serious offenses. A regular bail is harder to get since the accused has already been arrested, but with lawyers at AM Partners, it is not an issue. They have a long clientele who can vouch for the legal finesse that the team offers to their clients.
Purpose of regular bail
A regular bail is rooted in the primary principle of law, “innocent until proven guilty”. The purpose of regular bail is to release an individual who has been convicted. If certain conditions are fulfilled, the court allows the accused to attend trials outside the prison cell only. A regular bail is granted with the aim of:
- Release from custody: A regular bail offers a release from judicial custody.
- Release prerequisites: The court may ask the accused to fulfill some conditions before granting bail. In case of violation, it may result in the revocation of bail.
- Pending trial: Release of a bailee is dependent on the final findings in the court of law and holds a temporary status.
- Attend trials: The court directs the accused to attend the court trials regularly, which is mandatory.
- Balancing rights: The court balances the right to a fair trial for the innocent while preventing the accused from taking undue advantage of the bail.
The condition of Regular Bail
Regular bail protects the right to justice and allows the accused to prepare a defense outside the judicial confinement. The accused may have to abide by court directives, and if not fulfilled, the bail can be revoked. The conditions to be taken care of may differ as per the severity of the case, which are:
- Bailable/non-bailable offense: The court has statutory power to grant bail for bailable offenses as per section 436 of the CRPC. Non-bailable offenses are dependent on the discretion of the court and require a solid defense.
- The gravity of the offense: The court may view the application on the nature and gravity of the offense to accept or reject the plea.
- Restrictions: The court may impose certain restrictions on the accused, like surrendering a passport, travel restrictions, or daily reporting to the police.
- General factors: Certain factors, such as age, gender, and medical conditions, affect the Bail decision.
Difference between anticipatory bail and regular bail
Bails lie under the jurisdiction of criminal law but are poles apart. Here is a detailed breakdown of the difference between anticipatory bail and regular bail:
| Basis of Distinction | Anticipatory Bail | Regular Bail |
|---|---|---|
| Provision | Section 482 of BNSS has a provision for anticipatory bail. | Sections 480 and 483 of BNSS contain the provision for a regular bail. |
| Purpose | Anticipatory bail protects the accused from going to prison. | Regular bail allows the release of accused who are already confined. |
| Filing of application | The application is filed before the confinement. | The application is filed after the confinement. |
| Authority responsible | The Sessions and High Courts have the power to grant anticipatory bail. | The Magistrate Court or Sessions and the High Court can grant regular bail based on the severity of the offense. |
| Grounds | Anticipatory bail can be sought for non-bailable offenses. | Regular bail can be sought for both bailable and non-bailable offenses. |
Despite the difference between bail and anticipatory bail, a criminal attorney is a common factor among both.
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Conclusion
It is safe to conclude that anticipatory bail is a preventive measure while regular bail is a remedial measure. The basic point of difference lies between the timing of the application and the purpose it serves. Both of them fall under the umbrella of criminal law and are highly dependent on the defense lawyer.
A solid criminal lawyer can completely change the fate of the accused and their freedom. Anil Mehta and Partners have a solid standing in premier litigations, and attract record is a testament to it. Experts on the panel have experience with court protocols in sessions and high courts, which gives them an edge. Deem yourself to be in safe hands with AM partners, their expertise and hold of criminal law make them undeniably the best in the game!
FAQ
Both Anticipatory and regular bail are valid for a specific time as ordered by the court; usually, it is in force till the commencement of the trial or further court orders.
Anticipatory bail prevents the accused from judicial conviction before the trials in non-bailable offenses.
The next step after anticipatory bail is to comply with the court’s conditions.
There is no automatic way to convert anticipatory bail to regular bail.