If a person is arrested, then he or she may be able to get bail. Bails or bail bonds are essentially payments or deposits made by the arrested person that allows him or her to leave jail. However, this is just one side of the bail bond. On the other side, the bail bond would include certain terms and conditions fixed by the court. For example, a common condition added to the bond is that the person be available in the court whenever required by law. Other conditions may include that the person should leave India or the city without the permission of the court. While unfortunate, it is very important for you and everyone to be aware of the laws regarding bail and the process of how to get bail in India.
Overview of Bail Bonds and Bail Bondsmen
In India and abroad, bail means the release of a person awaiting appeal or trial from prison through a security deposit that ensures he will follow certain terms and conditions set form by the court. The monetary value of this security is technically known as bail or bail bonds, and they are set by the appropriate court. The security provided may be in hard cash, title papers to a property or through bonds made by private individuals or professional bondsmen. A failure to surrender to court on the specified time or abide by the stated terms and conditions results in the forfeit of the security provided.
Definition of Bail and how to get Bail in India
It is surprising to know to that Indian laws do not have a clear definition for the term ‘bail’. The Criminal Procedure Code, 1973 is an Act that defines the process of getting bail, but it only clearly defines what bailable and non-bailable offenses are. These definition are provided in Section 2-A of the Act. Other Sections from 436 to 450 put forth the provision for grant of bail and bail bonds in criminal cases. The amount of security to be paid is not defined by the Act, which means that the decision rests solely on the presiding court. As a result, it is not uncommon to see courts decide on unreasonable and exceptionally high amount as bail bonds, irrespective of how poor the accused may be. A good lawyer may be able to help out in such situations.
The decision of whether or not bail would be given in a non-bailable offence is determined according to a preset schedule or in a special bail hearing. The court would then decide whether or not the person can be granted bail. Some factors taken into by the court may include the following:
1. The gravity and nature of the accusation
2. The person’s background, including a history of previous imprisonment, if any
3. The possibility that the applicant may flee from justice on getting bail
4. If the accusation has been made on the person for deliberately and willingly injuring or humiliating the person
Those people who have been accused of a non-bailable offense and are prepared at any point of time to give bail can be released on bail. The bail bonds for these people can be submitted before the appropriate court or officer. However, people who are unable to give bail bonds within a week after the arrest can be presumed an indigent person by the officer or court. If presumed, then the person can be discharged on executing a bail bond without any sureties.
Unfortunately, the current laws on bail leave a lot to for requirement. Well over 60 percent of the people in jail are under-trial, which means that they have simply not gotten bail yet. A person looking for bail in India must seek the help of an expert lawyer or bail bondsman who can utilize the current rules and regulations to get bail quickly and easily.
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