A formal application filed by or on behalf of an accused person before a court, seeking release from custody on bail — upon furnishing sureties or personal bond as security for appearance when required.
Explanation
A bail application is the procedural mechanism by which an accused seeks release from custody. Under the BNSS 2023: (a) in bailable offences (Section 480 BNSS) — bail is a right; the accused files an application and is released on furnishing surety; the court has little discretion to refuse; (b) in non-bailable offences (Section 483 BNSS) — bail is discretionary; the court considers the nature of the offence, the character of the accused, likelihood of absconding, and threat to witnesses. Special considerations for bail in serious offences: NDPS Act cases (Section 37 NDPS — dual conditions), PMLA cases (Section 45 PMLA — dual conditions and prosecution hearing), and UAPA cases (Section 43D — satisfaction that prima facie case is not established).
Statutory Provision
Section 480, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (bailable offences): 'When any person other than a person accused of a non-bailable offence is arrested or detained without warrant, or appears or is brought before a court, and is prepared at any time while in custody to give bail, such person shall be released on bail.' Section 483 BNSS (non-bailable offences): 'When any person accused of any non-bailable offence is arrested or detained without warrant, or appears or is brought before a Court, he may be released on bail, but — (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life.'
An offence in which the accused is entitled to bail as a matter of right, without requiring the court's discretion, upon furnishing the required surety or bond.
Explanation
A bailable offence is one included in Schedule I of the BNSS or declared bailable by any other law. When accused of a bailable offence, the person has an absolute right to bail — the police or court must release them on bail upon furnishing sureties. The police officer can grant bail before producing the accused before a Magistrate. There is no need to show cause or justify the grant of bail; the accused need only furnish the required bail bond/surety. Minor offences — mischief, cheating under small amounts, minor hurt — are typically bailable.
Statutory Provision
Section 2(b), Bharatiya Nagarik Suraksha Sanhita, 2023: 'Bailable offence means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and non-bailable offence means any other offence.'
The person who receives goods from the bailor for a specific purpose under a contract of bailment — responsible for taking reasonable care of the goods and returning them when the purpose is accomplished.
Explanation
The bailee receives possession (not ownership) of the goods and has specific duties: (a) Section 151 — duty to take as much care of the goods as a man of ordinary prudence would take of his own goods of similar bulk, quality, and value; (b) Section 153 — must use goods only for the authorised purpose; (c) Section 160 — must return goods when the purpose is accomplished; (d) Section 163 — must return any accretion to the goods (e.g., natural increase). If the bailee fails to return goods, there is a presumption of negligence — the burden of proof shifts to the bailee to show that the loss did not occur due to their negligence.
Statutory Provision
Section 148, Indian Contract Act, 1872: 'The person to whom they [goods] are delivered is called the bailee.' Section 151: 'In all cases of bailment the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed.'
The person who delivers goods to another (the bailee) for a specific purpose, on the understanding that the goods will be returned or disposed of according to the bailor's directions once the purpose is accomplished.
Explanation
A bailor is one of the two parties to a contract of bailment under Section 148 ICA. The bailor retains ownership of the goods — only possession is transferred to the bailee. The bailor has obligations: (a) to disclose known faults in the goods (Section 150 ICA — in gratuitous bailment, concealed defect liability; in non-gratuitous bailment, liability for all faults even unknown); (b) to indemnify the bailee for extraordinary expenses and loss from undisclosed defects; and (c) to receive back the goods when the purpose is accomplished. A bailor's essential characteristic: ownership is NOT transferred — only possession is given for a limited purpose.
Statutory Provision
Section 148, Indian Contract Act, 1872: 'A bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the bailor. The person to whom they are delivered is called the bailee.'
A transaction where property is held in the name of one person but paid for by, and for the benefit of, another—the real owner remaining concealed.
Explanation
A benami transaction is one where a person (the benamdar) holds property in their name, but the consideration for the purchase is provided by another person (the beneficial owner). The real owner is different from the ostensible owner. Historically, benami transactions were used to conceal wealth, evade tax, and circumvent laws on acquisition of property. The Benami Transactions (Prohibition) Act, 1988 (amended and strengthened in 2016) prohibits benami transactions, provides for confiscation of benami property, and imposes criminal penalties including imprisonment up to seven years.
Statutory Provision
Section 2(9), Benami Transactions (Prohibition) Act, 1988 (as amended 2016): 'Benami transaction means a transaction or an arrangement where a property is transferred to, or is held by, a person, and the consideration for such property has been provided, or paid, by another person; and the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration.'
The rule that a party seeking to prove the contents of a document must produce the original document (primary evidence) — secondary evidence (copies, oral accounts of documents) is only admissible when the original is unavailable and proper grounds are shown.
Explanation
The best evidence rule in Indian evidence law is codified in Sections 62-65 of the BSA 2023 (formerly Sections 62-65 IEA). Primary evidence is the document itself — the original. Secondary evidence includes certified copies, copies made from originals, counterparts of documents, and oral accounts of the document's contents. Secondary evidence is only admissible in the specific situations listed in Section 63 BSA: original is in possession of the adverse party or a third party who refuses to produce it; original is lost or destroyed; original cannot be easily moved; existence of the original is not disputed; or original is a public document. The rule's purpose: to prevent fraud, alteration, and misrepresentation that could occur if copies were routinely substituted for originals.
Statutory Provision
Section 62, Bharatiya Sakshya Adhiniyam (BSA), 2023 (formerly Section 62 IEA): 'Primary evidence means the document itself produced for the inspection of the court.' Section 63 BSA (formerly Section 63 IEA): 'Secondary evidence means and includes — (1) certified copies given under the provisions hereinafter contained; (2) copies made from the original by mechanical processes...; (3) copies made from or compared with the original; (4) counterparts of documents as against the parties who did not execute them; (5) oral accounts of the contents of a document given by some person who has himself seen it.'
A contract in which both parties exchange promises — each party is simultaneously a promisor and a promisee, and both are bound from the moment of agreement.
Explanation
A bilateral contract is the most common form of commercial contract — both parties make binding promises to each other at the time of formation. Each party's promise is the consideration for the other's promise. Bilateral contracts are 'executory' from formation (both parties have future obligations). The Indian Contract Act calls this 'reciprocal promises' (Section 2(f)) — when promises form the consideration for each other. Examples: employment contracts (employer promises salary, employee promises services), sale agreements (seller promises goods, buyer promises payment), lease agreements (landlord promises premises, tenant promises rent).
Statutory Provision
Section 2(f), Indian Contract Act, 1872: 'Promises which form the consideration or part of the consideration for each other are called reciprocal promises.' A bilateral contract is one consisting entirely of reciprocal promises. Section 2(d): 'When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise.' Promise-for-promise = consideration in a bilateral contract.
The Biological Diversity Act, 2002 — which regulates access to India's biological resources and associated traditional knowledge, requiring benefit-sharing with local communities and the National Biodiversity Authority for commercial or research use of India's biodiversity.
Explanation
The Biological Diversity Act, 2002 implements the Convention on Biological Diversity (CBD) and the Nagoya Protocol in India. Key provisions: (a) any person (including Indian) seeking to access biological resources for commercial or research purposes must obtain prior approval of the National Biodiversity Authority (NBA); (b) Indian citizens/organisations can access biological resources for research/biodiversity surveys without prior NBA approval but must inform the State Biodiversity Boards; (c) no foreign individuals/companies can obtain biological resources or associated knowledge without NBA approval; (d) benefit-sharing is mandatory — the NBA determines the fair terms for sharing benefits derived from biological resources with local communities; (e) Biodiversity Management Committees (BMCs) must be constituted at local body level to manage biodiversity and maintain People's Biodiversity Registers (PBRs).
Statutory Provision
Section 3(1), Biological Diversity Act, 2002: 'No person shall, without previous approval of the National Biodiversity Authority — (a) obtain any biological resource occurring in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation; (b) transfer the results of any research relating to any biological resources occurring in, or obtained from, India.' Section 6: prior approval of NBA required for application for Intellectual Property Rights on inventions based on biological resources from India.
