Legal Article

Bail in crpc

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article

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Published on: 22 Jun, 2023

Bail is a legal term that refers to the temporary release of an accused person from custody, pending trial or the outcome of other legal proceedings. The accused person is required to post bail, which is a sum of money that is forfeited if they fail to appear for their court dates.

The Code of Criminal Procedure (CrPC) of India sets out the provisions for bail. Section 436 of the CrPC states that an accused person is entitled to bail as a matter of right if the offence alleged against them is bailable. Bailable offences are those that are listed in the First Schedule of the CrPC, or that are bailable under any other law.

Section 437 of the CrPC sets out the factors that a court must consider when deciding whether to grant bail to an accused person who is charged with a non-bailable offence. These factors include the nature of the offence, the accused person’s character and antecedents, the possibility of the accused person absconding, and the likelihood of the accused person interfering with the investigation or the trial.

The court has the discretion to grant bail to an accused person who is charged with a non-bailable offence, even if the factors set out in Section 437 of the CrPC weigh against granting bail. However, the court must give reasons for its decision.

The right to bail is an important safeguard against the arbitrary deprivation of liberty. It ensures that an accused person is not held in custody before their trial unless there are good reasons to do so. The right to bail is also important for ensuring that the accused person is able to prepare for their trial and participate in the proceedings.

Here are some of the key provisions of the CrPC relating to bail:

  • Section 436: An accused person is entitled to bail as a matter of right if the offence alleged against them is bailable.
  • Section 437: The court must consider the factors set out in this section when deciding whether to grant bail to an accused person who is charged with a non-bailable offence.
  • Section 439: The court may grant bail to an accused person who is charged with a non-bailable offence if they are satisfied that the accused person will not abscond or interfere with the investigation or the trial.
  • Section 440: The court may impose conditions on bail, such as requiring the accused person to report to the police on a regular basis or to surrender their passport.

If you are arrested and charged with a criminal offence, it is important to speak to a lawyer as soon as possible to discuss your bail options.