This document defines and explains the concept of bail under Indian law. It begins by defining bail as the entrustment of an accused person to sureties who will produce the accused in court when required. The purpose of bail is to secure the accused's presence at trial while allowing them liberty before being proven guilty. Bailable offenses are punishable by less than 3 years imprisonment or fine only, while non-bailable offenses are punishable by death, life imprisonment, or over 7 years. The document outlines the process for obtaining bail and conditions for granting bail. It concludes by summarizing relevant sections of the Indian Code of Criminal Procedure relating to bail and bonds.
1. Made & Presented By:
Manvesh Vats
B.A.LL.B
6TH Semester
Amity University
2. WHAT IS BAIL?
Bail means entrustment of the accused to his sureties, who are
bound to produce the accused in court whenever required. Bail means
the security taken from a person to appear on a fix date before the
court. Bail is the release from the custody of a person charged with
an offence, on that person signed undertaking that he will appear in
court to answer the charge.
3. PURPOSE OF BAIL
Secure the presence of accused at the trail while allowing the
accused his liberty and protecting him for unnecessary detention. It
must always be kept in mind that the accused is innocent until proven
guilty. When deciding to grant bail, any amount of bond, the number
of sureties or conditions imposed should only be sufficient to ensure
that the accused attends the next hearing.
5. BAILABLE OFFENCE
Section 2(a) of CrPC defines bailable offences
Punishable with imprisonment for less than three years or with
fine only.
Rasik Lal v Kishore (2009) 4 SCC 446: SC held that right to claim
bail is absolute and indefeasible.
6. NON-BAILABLE OFFENCE
o Section 2(a) of CrPC defines Non-bailable offences
o Punishable with death, imprisonment of life or
imprisonment for more than seven years.
o Right to be released on bail but the bail can be granted
at the discretion of the court(Sec. 437 Conditions.
7. ANTICIPATORY BAIL
In case a person is of the apprehension that he might be arrested on
the accusation of a non-bailable offence, he can apply to High Court or
Court of Session for bail (S. 438)
Conditions:
Make himself available for interrogation by Police Officer as and when
required.
Not make any inducement, threat or promise to any person so as to deter him
from disclosing any material facts to the Court or any police officer.
Not leave India without prior permission of the Court.
8. CONDITIONS FOR GRANTING
BAIL ARE AS FOLLOWS:
In order to ensure that such person shall attend in accordance with
the conditions of the bond executed under this Chapter, or
In order to ensure that such person shall not commit an offence
similar to the offence of which he is accused or of the commission of
which he is suspected, or
Otherwise in the interests of Justice.
9. WHAT IS THE PROCESS OF
BAIL?
When you are an accused of some crime and arrested to record your statement and take
information like the name, residence address, birth place, charge filed against you, etc. The
police officer may also check back the criminal record if any in the police station and ask for
finger prints to files a case against you. The crimes that are bailable and simple, you will be
allowed to apply for bail immediately.
However, if the crime is a little bit complex and non-bailable, you may wait for 48 hours
to claim your right to bail in the court wherein you are given a hearing. Depending upon the
facts of the case, the judge decides whether you should get bail or not. Also, in situation you
are given bail you are asked to deposit money with the court. Generally, in certain smaller
crime cases, a standard amount is asked to be deposited for awarding the bail.
10. PROVISION RELATING TO BAIL
Chapter 33 of Cr.P.C covers provisions as to
bail and bonds.
Section 436 to 450 are sections relating to bail
11. CHAPTER 33 OF CR.P.C
Section 436: In what cases bail to be taken
Section 436A: Maximum period for which an under trial prisoner
can be detained.
Section 437: When bail may be taken in case of non-bailable
offence
Section 437A: Bail to require accused to appear before next
appellate Court.
12. CHAPTER 33 OF CR.P.C
Section 438: Direction for grant of bail to person apprehending
arrest
Section 439: Special powers of High Court or Court of Session
regarding bail
Section 440: Amount of bond and reduction thereof
Section 441: Bond of accused and sureties
Section 441A: Declaration by sureties
13. CHAPTER 33 OF CR.P.C
Section 442: Discharge from custody.
Section 443: Power to order sufficient bail when that first taken is
insufficient.
Section 444: Discharge of sureties.
Section 445: Deposit instead of recognizance.
Section 446: Procedure when bond has been forfeited.
14. CHAPTER 33 OF CR.P.C
Section 446A: Cancellation of bond and bail bond.
Section 447: Procedure in case of insolvency or death of surety
or when a bond is forfeited.
Section 448: Bond required from minor.
Section 449: Appeal from orders under section 446.
Section 450: Power to direct levy of amount due on certain
recognizances.
