COLLEGE OF LAW AND
LEGAL STUDIES
CODE OF
CRIMINAL PROCEDURE II
ASSIGNMENT (LAW-606)
SUBMITTED TO: SUBMITTED BY:
DR. UDAY VEER SINGH. SURBHI GUPTA
B.COM L.LB (H.)
6th SEMESTER
TLL1703001
ACKNOWLEDGEMENT
I take this opportunity to express my profound
gratitude and deep regards to my guide for his
exemplary guidance, monitoring and constant
encouragement throughout the assignment. The
blessing, help and guidance given by him time to
time shall carry me a long way in the journey of
life on which I am about to embark.
Lastly, I thank almighty, my parents, brother,
sisters and friends for their constant
encouragement without which this assignment
would not be possible.
ASSIGNMENT
TOPIC- Discuss the
law relating to Bail.
What is the procedure
of bail in bailable and
non-bailable case?
MEANING AND OBJECT OF BAIL
The term bail is not defined under CRPC. Bail is a kind of security which is given by the
accused to the court that he will attend the proceedings against the accusations made upon
him and include personal bond and bail bond. Bail is a mechanism used to ensure that the
accused is present before the court.
The object of arrest and detention of the accused person is primarily to secure his
appearance at the time of and to ensure that in case he is found guilty he is available to
receive the sentence. If his presence at the trial could be reasonably ensured otherwise than
by his arrest and detention, it would be unjust and unfair to deprive the accused of his liberty
during the pendency of the criminal proceedings against him. The provisions regarding the
release of the accused person on bail are aimed at ensuring the presence of accused at his trial
but without unreasonably and unjustifiably interfering with his liberty. There is no definition
of bail in the Code, although the terms “bailable offence” and “non-bailable offence” have
been defined. (sec. 2a)
“Bail” has been defined in the Law Lexicon as security for the appearance of the accused
person on giving which he is released pending trial or investigation. Govind Prasad v. State
of West Bengal, 1975 CriLJ 124
The sections from 436 to section 439 deal with the provisions of
bail.
Bail when and when not to be granted:
The code of criminal procedure, 1973 has defined the term bailable offence by stating that 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 the term non-bailable offence states the meaning
that any other offence other than bailable offence.
The distinction between bailable and non-bailable offences is based on the gravity of the
offence, danger of accused absconding, tampering of evidence, previous conduct, health, age
and sex of the accused person. Though the schedule for classification of offences as bailable
or non bailable is provided in Crpc; however, it is mostly the offences which are punishable
with imprisonment for not less than three years that are classified as non-bailable.
The purpose of bail is to ensure the appearance of accused before the court when ever
required but in certain cases, granting bail is not require
The basic rules of grant or denial of bail may simply be summarized as
a. There are only two kinds of offences bailable and non bailable offences
b. In case of bailable offences section 436 CRPC it is the right of accused to demand and be
granted bail.
c. The certain basic criteria while exercising his judicial discretion for grant or denial of bail
in case of non bailable offences has been laid down in section 437 CrPc in the cases related to
non-bailable offences. Some of these criteria include the nature of offence, past criminal
records and probability of guilt.
d. Section 438 CRPC deals with anticipatory bail in cases where there is an apprehension to a
There are other factors also which are to be kept in mind by the hon’ble court before granting
of bail like the possibility of threatening of witness, possibility of evidence being tampered
etc
PROVISIONS COVERED IN BAIL
Bail in case of bailable offence
The Code of Criminal Procedure, 1973 contains elaborate provisions relating to bails. Section
436 provides for the release on bail of a person accused of a bailable offense.
436. In what cases bail to be taken.
(1) When any person other than a person accused of a non-bailable offence is arrested or
detained without warrant by an officer in charge of a police station, or appears or is brought
before a Court, and is prepared at any time while in the custody of such officer or at any stage
of the proceeding before such Court to give bail, such person shall be released on bail:
Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from
such person, discharge him on his executing a bond without sureties for his appearance as
hereinafter provided:
Provided further that nothing in this section shall be deemed to affect the provisions of sub-
section (3) of section 116 or section 446A.
436A. Maximum period for which an under trial prisoner can be detained.
Where a person has, during the period of investigation, inquiry or trial under this Code of an
offence under any law (not being an offence for which the punishment of death has been
specified as one of the punishments under that law) undergone detention for a period
extending up to one-half of the maximum period of imprisonment specified for that offence
under that law, he shall be released by the Court on his personal bond with or without
sureties:
Provided that the Court may, after hearing the Public Prosecutor and for reasons to be
recorded by it in writing, order the continued detention of such person for a period longer
than one-half of the said period or release him on Bail instead of the personal bond with or
without sureties:
Provided further that no such person shall in any case be detained during the period of
investigation inquiry or trial for more than the maximum period of imprisonment provided
for the said offence under that law.
Bail in case of Non-bailable offence
Provisions, as to bail in case of non-bailable offence, is laid down in Section 437 of the
code. This section gives the Court or a police officer power to release an accused on bail in a
non-bailable case, unless there appear reasonable grounds that the accused has been guilty of
an offence punishable with death or with imprisonment for life. But (1) a person under the
age of sixteen years (2) a woman; or (3) a sick or infirm person may be released on bail even
if the offence charged is punishable with death or imprisonment for life. Where a person is
charged with a non-bailable offence, but it appears in the course of the trial that he is not
guilty of such offence, he can be immediately released on bail pending further inquiry.
437. When bail may be taken in case of non-bailable offence.
(1) When any person accused of, or suspected of, the commission of any non-bailable offence
is arrested or detained without warrant by an officer in charge of a police station or appears or
is brought before a Court other than the High Court or Court of Session, 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;
(ii) such person shall not be so released if such offence is a cognizable offence and he had
been previously convicted of an offence punishable with death, imprisonment for life or
imprisonment for seven years or more, or he had been previously convicted on two or more
occasions of a cognizable offence punishable with imprisonment for three years or more but
not less than seven years:
Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be
released on bail if such person is under the age of sixteen years or is a woman or is sick or
infirm:
Provided further that the Court may also direct “that a person referred to in clause (ii) be
released on bail if it is satisfied that it is just and proper so to do for any other special reason:
Provided also that the mere fact that an accused person may be required for being identified
by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he
is otherwise entitled to be released on bail and gives an undertaking that the shall comply
with such directions as may be given by the Court.
Provided also that no person shall, if the offence alleged to have been committed by him is
punishable with death, imprisonment for life, or imprisonment for seven years or more be
released on bail by the Court under this Sub-Section without giving an opportunity of hearing
to the Public Prosecutor.
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial as
the case may be, that there are not reasonable grounds for believing that the accused has
committed a non-bailable offence, but that there are sufficient grounds for further inquiry into
his guilt, the accused shall, subject to the provisions of section 446A and pending such
inquiry, be released on bail, or, at the discretion of such officer or Court on the execution by
him of a bond without sureties for his appearance as hereinafter provided.
(3) When a person accused or suspected of the commission of an offence punishable with
imprisonment which may extend to seven years or more or of an offence under Chapter VI,
Chapter XVI or Chapter XVII of the Indian Penal Code or abetment of, or conspiracy or
attempt to commit, any such offence, is released on bail under Sub-Section (1) the Court shall
impose the conditions-
(a) that such person shall attend in accordance with the conditions of the bond executed under
this Chapter,
(b) that such person shall not commit an offence similar to the offence of which he is
accused, or suspected, of the commission of which he is suspected,
(c) and that such person shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer or tamper with the evidence. and
may also impose, in the interests of justice, such other conditions as it considers necessary.
(4) An officer or a Court releasing any person on bail under sub-section (1), or sub-section
(2), shall record in writing his or its reasons or special reasons for so doing.
(5) Any Court which has released a person on bail under sub-section (1), or sub-section (2),
may, if it considers it necessary so to do, direct that such person be arrested and commit him
to custody.
(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable
offence is not concluded within a period of sixty days from the first date fixed for taking
evidence in the case, such person shall, if he is in custody during the whole of the said period,
be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in
writing, the Magistrate otherwise directs.
(7) If, at any time after the conclusion of the trial of a person accused of a non-bailable
offence and before judgment is delivered the Court is of opinion that there are reasonable
grounds for believing that the accused is not guilty of any such offence, it shall release the
accused, if he is in custody, on the execution by him of a bond without sureties for his
appearance to hear judgment delivered.
437A. Bail to require accused to appear before next appellate Court.
(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the
offence or the Appellate Court, as the case may be, shall require the accused to execute bail
bonds with sureties, to appear before the higher Court as and when such Court issues notice
in respect of any appeal or petition filed against the judgment of the respective Court and
such bail bonds shall be in force for six months.
(2) If such accused fails to appear, the bond stand forfeited and the procedure under section
446 shall apply.
438. Direction for grant of bail to person apprehending arrest.
439. Special powers of High Court or Court of Session regarding bail.
CASES
1. In Hussainara v. Home Secretary, 1980 1 SCC 81, Bhagwati, J. observed that one of the
reasons why our legal and judicial system continually denies justice to the poor by
keeping them for long years in pre-trial detention in our highly unsatisfactory bail
system. It suffers from property-oriented approach which proceeds on the erroneous
assumption that rise of monetary loss is only deterred against fleeing from justice.
2. In Free Legal Aid Committee, Jamshedpur vs. State of Bihar, the Supreme Court ruled
that in a session’s case if the magistrate has granted bail, the accused need not seek bail
from the court of sessions.
3. There rose an interesting question in Haji Mohamed Wasim v. State of U.P. before the
Allahabad High Court questioning the validity of bail granted by police officers. In the
instant case, the accused on bail which was granted by police preferred to not appear
before the court. Hence here the trial court issued a non-bailable warrant which was then
challenged by the accused under section 482. It was hence ruled by the court that he has
to take fresh bail from trial court.
REFERENCES
1. www.vakilano.com
2. www.casemine.com
3. www.indiankanoon.com
4. www.lawtimesjournal.com
5. www.legalbites.com
CONCLUSION
From the previously mentioned dialog plainly Bail matter assumes a critical part in a criminal
case, since it is a definitive objective of the denounced. Bail is the privilege of the gathering.
Anybody needs a bail who is captured living in prison implies they need a bail whenever. To
set free, or convey from capture, or out of care, on the endeavour of some other individual or
people that he or they will be in charge of the appearance, at a specific day and place, of the
individual bailed. At the point when bail has been orchestrated, the blamed individual is
permitted to go free until the trail. Be that as it may, in the event of non-bail capable offense,
there is no particular arrangement in Cr.P.C.
Bail is an integral part of the criminal law. Whether a bail can be granted or not defines the
heinousness of the crime. Courts have special powers for granting bail in non – bailable
offences so courts, plays a very important part in it
