Granting bail in non-bailable offences in Chandigarh is a legal process that often causes confusion and concern among individuals involved in criminal matters. With the enactment of the new criminal codes Bharatiya Nyaya Sanhita, 2023 (BNS) and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) it’s more important than ever to understand your rights, the criteria courts consider, and the procedures involved in seeking bail for non-bailable offences in Chandigarh.

This article aims to provide an in-depth explanation of the legal framework applicable in 2025, especially for clients dealing with criminal cases. Whether you’re exploring the role of criminal lawyers in Chandigarh or looking to understand the practical steps for obtaining bail, this guide serves as a comprehensive resource.

Understanding Bailable vs Non-Bailable Offences

What is a Bailable Offence?

A bailable offence is one in which granting bail is a matter of right. The accused can be released from custody by providing bail without judicial discretion.

Examples (under BNS):

  • Causing hurt (Section 114) 
  • Simple assault (Section 124) 

What is a Non-Bailable Offence?

A non-bailable offence is more serious and bail is not granted automatically. It is at the discretion of the court, considering the facts of the case, nature of the offence, and the likelihood of the accused tampering with evidence or absconding.

Examples:

  • Murder (Section 101 BNS) 
  • Rape (Section 63 BNS) 
  • Kidnapping for ransom (Section 138 BNS) 

These offences often require expert assistance from criminal defense advocates in Chandigarh or high court lawyers for successful bail applications.

Relevant Legal Provisions for Bail in Non-Bailable Offences

Section 480 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

This section deals with granting bail in non-bailable offences. It corresponds to Section 437 of the old CrPC.

Key highlights:

  • If the accused is not charged with offences punishable with death or life imprisonment, the Magistrate may grant bail. 
  • In offences punishable with death, life imprisonment, or imprisonment exceeding 7 years, bail can be granted only by a Sessions Court or High Court. 

Section 482 of BNSS – Anticipatory Bail

This section governs pre-arrest bail, previously under Section 438 of CrPC.

  • The accused can apply for anticipatory bail if they apprehend arrest in a non-bailable offence. 
  • Anticipatory bail may be granted with conditions. 

This is a crucial remedy used by criminal defense lawyers in Chandigarh to protect clients from custodial arrest.

Section 484 of BNSS – Special Powers of High Court and Sessions Court

  • These courts can grant bail for serious offences, even after initial denial by Magistrates. 
  • Petitions must be properly drafted and supported by legal arguments—ideally by high court advocates in Chandigarh. 

Article 21 of the Constitution of India

This article ensures the right to life and personal liberty. Courts use this constitutional provision to decide bail matters, ensuring no unlawful or extended detention without due process.

Procedure for Granting Bail in Non-Bailable Offences in Chandigarh

Step 1: FIR and Arrest

Once an FIR is lodged for a non-bailable offence, the accused may be arrested by the police. Legal assistance should be sought immediately from criminal advocates in Chandigarh.

Step 2: Bail Application to Magistrate

  • If the offence is triable by a Magistrate and not punishable by death or life imprisonment, bail can be requested from the Judicial Magistrate. 
  • Legal representation is essential to argue on grounds such as clean record, weak evidence, or family responsibilities. 

Step 3: Bail Application to Sessions Court

  • For serious non-bailable offences, the bail petition must be filed before the Sessions Court in Chandigarh. 
  • The Sessions Judge will assess the gravity of the crime, evidence, previous convictions, and potential threats to witnesses. 

Step 4: Bail from High Court

If bail is denied by lower courts, an appeal can be filed before the Punjab and Haryana High Court.

  • This requires precise legal arguments and often assistance from experienced high court lawyers in Chandigarh. 

Step 5: Compliance with Bail Conditions

Once bail is granted, the accused must comply with:

  • Regular court appearances 
  • Restrictions on travel 
  • Non-interference with witnesses 
  • Any additional conditions imposed by the court 

Criteria Courts Consider While Granting Bail in Non-Bailable Offences

Nature and Gravity of the Offence

  • More serious offences like murder or terrorism attract stricter scrutiny. 

Prima Facie Evidence

  • Courts examine whether there is sufficient initial evidence to justify keeping the accused in custody. 

Criminal Antecedents

  • If the accused has prior convictions or is a repeat offender, bail may be denied. 

Risk of Absconding

  • Bail may be refused if there is a chance of fleeing the jurisdiction. 

Witness Protection

  • Courts ensure that the accused is not likely to influence or threaten witnesses. 

Key Judicial Precedents Related to Bail in Non-Bailable Offences

Gurbaksh Singh Sibbia v. State of Punjab (1980)

  • Landmark judgment on anticipatory bail 
  • Established that bail is a rule, jail is an exception 

Sanjay Chandra v. CBI (2011)

  • Reaffirmed that bail cannot be denied as punishment 
  • Emphasized on presumption of innocence 

State of Rajasthan v. Balchand (1977)

  • The Supreme Court stressed that liberty should not be curtailed unnecessarily 

Recent Trends in Bail Jurisprudence (Post-2024)

  • Shift toward rights-based interpretation of bail laws under BNS & BNSS 
  • Greater emphasis on digital evidence and pre-charge bail hearings 
  • Use of video conferencing in bail matters, especially in Punjab and Haryana High Court 

Navigating the legal process for granting bail in non-bailable offences in Chandigarh requires a thorough understanding of the updated criminal laws under BNSS and BNS, 2023. Whether it’s applying for anticipatory bail, contesting a denial, or ensuring compliance with bail conditions, it is essential to understand your legal options and act swiftly.

This article serves as a practical and updated guide for individuals involved in criminal litigation and for students studying contemporary criminal procedure law. The support of competent criminal lawyers, high court advocates, or criminal defense advocates in Chandigarh can make a significant difference in protecting liberty, ensuring fair process, and defending your rights.

FAQs on Granting Bail in Non-Bailable Offences in Chandigarh

Q1. Who can grant bail in non-bailable offences in Chandigarh?

Answer: Depending on the seriousness of the offence, bail can be granted by the Judicial Magistrate, Sessions Court, or the Punjab and Haryana High Court. Assistance from experienced criminal lawyers in Chandigarh ensures the process is handled correctly.

Q2. Is anticipatory bail available for non-bailable offences under new laws?

Answer: Yes. Under Section 482 of BNSS, you can apply for anticipatory bail. Many clients consult criminal defense advocates in Chandigarh to draft and present anticipatory bail applications.

Q3. Can bail be granted in murder or rape cases in Chandigarh?

Answer: Bail in such serious cases is possible only in exceptional circumstances and generally requires filing a petition in the Sessions Court or High Court. It’s advised to consult with high court advocates in Chandigarh for such complex matters.

Q4. What documents are needed to apply for bail in Chandigarh?

Answer: Typically, you need a copy of the FIR, identity proof, case details, ground of bail, and supporting documents like medical or family-related proof. A criminal advocate in Chandigarh can help ensure all documents are properly arranged.

Q5. What happens if bail is denied in lower courts?

Answer: You can approach the Sessions Court or High Court for bail. Many criminal defense lawyers in Chandigarh handle such escalated matters and assist with revision petitions or special leave applications.