Types of Bail in India: Regular, Interim, Anticipatory, Default and Transit Explained (2026)
The five kinds of bail Indian courts deal with, which section governs each, who grants it, and how they differ, with the old CrPC and new BNSS numbers side by side.
Explainer · Criminal Procedure
Bail in India is not one single remedy. The kind of bail you need depends on one question: where is the accused in the process right now, not yet arrested, arrested, or already in custody for too long? Indian law recognises several kinds of bail: regular bail (after arrest, s.437 and s.439 CrPC), anticipatory bail (before arrest, s.438), interim bail (temporary, while a bail plea is pending), default or statutory bail (when the chargesheet is not filed in time, s.167(2)), and transit bail (to travel to the court that has jurisdiction). This page explains each one in plain words and shows how they differ.
- Regular bail: after arrest, s.437 and s.439 CrPC (s.480 and s.483 BNSS).
- Anticipatory bail: before arrest, s.438 CrPC (s.482 BNSS), Sessions Court or High Court.
- Interim bail: temporary relief while the main bail plea is pending. No separate section.
- Default bail: when the chargesheet is late, s.167(2) CrPC (s.187 BNSS).
- Transit bail: short protection to travel to the court with jurisdiction. Judge-made, not a named section.
01Why the type of bail matters
Choosing the wrong kind of bail wastes time, and time matters when someone is in custody or fears arrest. Each type of bail has its own section, its own court, its own test and its own timing.
The stage decides the remedy
Bail is the release of an accused person on conditions while the case is pending. Whether you can ask for it, and under which section, depends on the stage. Before arrest, the remedy is anticipatory bail. After arrest, it is regular bail. If the police investigation drags on past the legal limit, a separate right to default bail opens up.
Offence type changes the test
For a bailable offence, bail is a matter of right. For a non-bailable offence, the court uses its judgment and looks at the seriousness of the charge, the risk of the accused fleeing or tampering with evidence, and the material in the case diary.
The law has new numbers
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 (CrPC) from 1 July 2024. Orders, old judgments and many books still use the CrPC numbers, so you will see both. A table later on this page maps them.
The kind of bail you need depends on one thing: where the accused stands in the process right now.
02The types of bail at a glance
This table is the short version. Each row is explained in the sections below.
| Type | When it applies | CrPC section | BNSS section | Who grants it |
|---|---|---|---|---|
| Regular bail | After arrest, while in police or judicial custody | s.437 (Magistrate), s.439 (Sessions Court, High Court) | s.480, s.483 | Magistrate, Sessions Court or High Court, depending on the offence |
| Anticipatory bail | Before arrest, when arrest is feared for a non-bailable offence | s.438 | s.482 | Sessions Court or High Court |
| Interim bail | Short-term relief while a bail plea or anticipatory bail plea is pending | No separate section (court practice) | No separate section (court practice) | The court hearing the main bail plea |
| Default (statutory) bail | When the investigation is not completed within the legal time | s.167(2) proviso | s.187(3) | The Magistrate holding the accused in custody |
| Transit bail | Short protection to travel to the court that has jurisdiction | No separate section (court practice, linked to s.438) | No separate section (court practice, linked to s.482) | Court of the place where the arrest is feared or made |
03Regular bail
Regular bail is the bail an arrested person asks for from the court, to be released while the case is on. It is the most common type.
- When: after arrest, whether the person is in police custody or judicial custody.
- Which section: s.437 CrPC (now s.480 BNSS) lets a Magistrate or court other than the High Court and Sessions Court grant bail in non-bailable offences. s.439 CrPC (now s.483 BNSS) gives the Sessions Court and High Court wider, special powers over bail.
- Who grants it: the Magistrate for less serious offences. For offences punishable with death or life imprisonment, the Sessions Court or High Court usually decides.
For a bailable offence, the police or court must release the person on bail as of right. For a non-bailable offence, bail is not a right, so the court weighs the facts. To go deeper, read our guide to Section 437 CrPC bail. Regular bail often follows a remand order, so also see what remand means.
04Anticipatory bail
Anticipatory bail is bail granted before arrest, so a person who fears arrest in a non-bailable case is released at once if arrested.
- When: before arrest, when there is a reasonable belief that arrest may follow for a non-bailable offence.
- Which section: s.438 CrPC, now s.482 BNSS.
- Who grants it: the Sessions Court or the High Court.
The court can attach conditions, such as joining the investigation, not leaving India without permission, and not influencing witnesses. The Supreme Court in Sushila Aggarwal v State (NCT of Delhi) (2020) held that anticipatory bail need not be limited to a fixed period by default, and that it can continue until the end of the trial unless the court says otherwise. For the full detail, see anticipatory bail in India.
05Interim bail
Interim bail is temporary bail given for a short time, usually while the court decides the main bail application or anticipatory bail application.
The CrPC and BNSS do not have a separate section called interim bail. Courts grant it using their general powers under the bail provisions, because a hearing can take days or weeks and the person may face arrest or stay in custody in the meantime. The order usually says for how long the relief lasts, and the matter is listed again for a final decision.
- When: while a regular or anticipatory bail plea is pending, or sometimes for a specific reason such as illness or a family emergency.
- Who grants it: the court that is hearing the main bail plea.
- Key point: it is short-lived. If you miss the next date, the relief can end.
06Default (statutory) bail
Default bail, also called statutory bail, is the accused’s right to be released when the police fail to complete the investigation and file the chargesheet within the time the law allows.
- When: the investigation limit under s.167(2) CrPC is generally 60 days, and 90 days where the offence is punishable with death, life imprisonment or imprisonment of ten years or more. Special laws may set longer limits.
- Which section: s.167(2) proviso CrPC, now s.187(3) BNSS.
- Who grants it: the Magistrate who is holding the accused in custody.
The right arises once the time runs out and the accused applies for bail. The Supreme Court in Rakesh Kumar Paul v State of Assam (2017) discussed this indefeasible right. The key trigger is the chargesheet, so read what a chargesheet means to understand when it counts as filed.
Apply on time
Default bail is a right only if the accused applies before the chargesheet is filed. Once a valid chargesheet is filed, the right to default bail is generally lost, so timing is everything.
07Transit bail
Transit bail is short protection from arrest that lets a person travel to the court which has jurisdiction, so they can apply for regular or anticipatory bail there.
It is useful when a case is registered in another state and the person fears arrest on the way. The CrPC and BNSS do not name it as a separate section. High Courts and Sessions Courts have granted it under their anticipatory bail powers (s.438 CrPC, now s.482 BNSS), and its use differs from court to court.
- When: the case is in another state or district and arrest is feared before the person can reach that court.
- Who grants it: the court of the place where arrest is feared or made.
- Key point: it is short and only for travel. It does not replace the bail you must then seek where the case is pending.
08How the types of bail differ
The biggest difference is timing. Anticipatory bail and transit bail come before arrest. Regular bail, interim bail and default bail come after arrest.
Regular bail vs anticipatory bail
Regular bail frees a person who is already arrested. Anticipatory bail protects a person who has not yet been arrested. Regular bail can be sought from a Magistrate, while anticipatory bail is only sought from the Sessions Court or High Court.
Default bail vs regular bail
Regular bail depends on the court’s view of the merits. Default bail depends on a procedural failure, the missed investigation deadline, and does not need the court to weigh the seriousness of the charge. It is a right, not a favour.
Interim bail vs the others
Interim bail is a bridge. It does not decide the main plea. It only keeps the person protected until the court takes the final decision.
| Question | Regular | Anticipatory | Interim | Default | Transit |
|---|---|---|---|---|---|
| Before or after arrest? | After | Before | Either, while plea pending | After | Before (or on arrest in transit) |
| Court test | Merits and risk | Merits and risk | Urgency and need | Missed deadline | Need to reach the right court |
| Lasts | Till trial, unless cancelled | Generally till trial, with conditions | Short, fixed date | Till trial, unless cancelled | Short, for travel |
| Separate statutory section? | Yes | Yes | No | Yes | No |
Track the dates on every one of these. A missed hearing can cancel interim relief, so see our guide to the best hearing reminder apps in India.
09CrPC to BNSS section map
Use this table when an old order or book cites the CrPC and you need the BNSS number.
| Topic | CrPC | BNSS |
|---|---|---|
| Bail in bailable offences | s.436 | s.478 |
| Bail in non-bailable offences (Magistrate) | s.437 | s.480 |
| Anticipatory bail | s.438 | s.482 |
| Special powers of High Court and Sessions Court | s.439 | s.483 |
| Default bail (limit on detention during investigation) | s.167(2) | s.187(2) and s.187(3) |
BNSS also made changes to the detention limit for investigation, so check the current text for the exact period when you file.
10Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
For bail work, two jobs matter most. First, finding the right authority fast, for example a recent High Court order on default bail or transit bail, and citing it correctly. Second, never missing the next date, because interim relief and bail hearings are listed again quickly. Claw’s case search covers 25 High Courts and the Supreme Court, and its case management tracks hearings with calendar and WhatsApp and email alerts. Claw also has a free plan for individual advocates.
11Sources and further reading
Primary sources for the statutes and cases named above:
- India Code (CrPC and BNSS text): indiacode.nic.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
Last verified: October 2026. This page is general information, not legal advice. Check the current statute text before relying on any section number.
12Frequently asked questions
What are the types of bail in India?
The main types are regular bail (after arrest), anticipatory bail (before arrest), interim bail (temporary, while a plea is pending), default or statutory bail (when the chargesheet is not filed in time) and transit bail (to travel to the court with jurisdiction). Regular, anticipatory and default bail have their own sections. Interim and transit bail come from court practice.
What is the difference between regular bail and anticipatory bail?
Regular bail is sought after arrest, under s.437 or s.439 CrPC (s.480 or s.483 BNSS). Anticipatory bail is sought before arrest, under s.438 CrPC (s.482 BNSS), and only from the Sessions Court or High Court. One frees an arrested person, the other protects a person who fears arrest.
What is default bail?
Default bail, also called statutory bail, is the right of an accused to be released when the investigation is not completed and the chargesheet is not filed within the legal time, generally 60 or 90 days depending on the offence. It comes from s.167(2) CrPC, now s.187 BNSS. The accused must apply before a valid chargesheet is filed.
What is transit bail?
Transit bail is short protection from arrest that lets a person travel to the court which has jurisdiction over the case, usually in another state. It is not a named section in the CrPC or BNSS. Courts grant it under their anticipatory bail powers, and the person must then seek regular or anticipatory bail where the case is pending.
What is interim bail?
Interim bail is temporary bail for a short period, usually while the court decides a regular or anticipatory bail application. There is no separate section for it. The court grants it using its general bail powers, and the order says when the matter will be heard again.
Which BNSS sections replaced the CrPC bail sections?
Broadly, s.436 became s.478, s.437 became s.480, s.438 became s.482, s.439 became s.483, and s.167 became s.187. Always check the official BNSS text for the exact sub-section before citing it in a filing.