Bail sections in Criminal Procedure Code(CrPC)

The Code of Criminal Procedure (CrPC) is the legislation that governs the criminal justice system in India. The CrPC provides for a system of bail for accused persons who are arrested and charged with a crime. Bail is the release of an accused person from custody while their trial is pending.

The CrPC divides the provisions of bail into three sections:

Bail under Section 436: This section provides for the grant of bail to an accused person who is arrested for a bailable offence. A bailable offence is an offence for which the accused can be released on bail as a matter of right. If the offence is bailable, the accused person can be released on bail by the police officer who arrested them or by the court. The accused person may have to furnish a bond or surety as a guarantee that they will appear for their trial.

Bail under Section 437: This section deals with the grant of bail to a person who is arrested for a non-bailable offence. A non-bailable offence is an offence for which the accused person cannot be released on bail as a matter of right. The court has the discretion to grant bail to the accused person. The court may grant bail if it is satisfied that there are reasonable grounds for believing that the accused person is not guilty of the offence and will not commit any offence while on bail. The court may impose certain conditions while granting bail, such as the accused person surrendering their passport or not leaving the jurisdiction of the court without permission.

Bail under Section 439: This section provides for the grant of bail to a person who is in custody pending trial or appeal. The court may grant bail if it is satisfied that there are reasonable grounds for believing that the accused person is not guilty of the offence and that they will not flee from justice. The court may impose certain conditions while granting bail, such as the accused person reporting to the police station at regular intervals or not contacting the witnesses in the case.

In addition to these provisions, the CrPC also provides for anticipatory bail, which is bail granted to a person who apprehends arrest for a non-bailable offence. Anticipatory bail is granted under Section 438 of the CrPC.

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