A person is arrested for a BAILABLE OFFENCE and is prepared to give bail for his appearance. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer in charge of the police station or the court, as the case may be, shall:

The BNSS provides the bail-in-bailable-offence rule: when any person accused of a BAILABLE offence is arrested or detained without warrant by an officer in charge of a police station, and there are reasonable grounds to believe the accusation is well-founded, the officer must release the person on BAIL if the accused is prepared to give bail; courts hold a similar power. In a bailable offence, bail is a matter of right from the outset. The provision complements the position that in the absence of such grant, the accused may be released on bail by the court. This bailable-offence right-to-bail rule is a foundational BNSS principle.