In what cases bail to be taken and when bail may be taken in
case of non bailable offence are defined under Section
436 and 437 of CRPC 1973.
Provisions under these sections are:
Section 436 of CRPC "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.
(2) Notwithstanding anything contained in sub-section (1),
where a person has failed to comply with the conditions of
the bail bond as regards the time and place of attendance,
the Court may refuse to release him on bail, when on a
subsequent occasion in the same case he appears before the
Court or is brought in custody and any such refusal shall be
without prejudice to the powers of the Court to call upon
any person bound by such bond to pay the penalty thereof
under Section 446.
Uttar Pradesh:-- In sub-section, in first proviso for the
word "discharge" the word "release" shall be substituted ?
I.P Act 1 of 1984 w.e.f. 1-5-1984.
Section 437 of CRPC "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
(i) such person shall not be so released if there appears
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 has 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 non-bailable and
Provided that the Court may direct that a person referred to
in clause (1) of 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 he shall comply with such
directions as may be given by the Court.
(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 no reasonable grounds for believing that the
accused has committed a non-bailable offence, but 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
(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 (45 of
1860) or abatement of, or conspiracy or attempt to commit,
any such offence, is released on bail under sub-section (1),
the Court may impose any condition which the Court considers
(a) in order to ensure that such person shall attend in
accordance with the conditions of the bond
executed under this Chapter, or
(b) 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
(c) otherwise in the interests of Justice.
(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
(7) If, at any time, after the conclusion of the trial of a
person accused of a non-bailable offence and before
judgement 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 judgement delivered.
Guiding factors for granting or refusing bail. MR 1979 SC
1360 = M9 Cr LJ 1036 = i 984 (3) SCC 555 = 1984 Cr. LJ 1211.
Punjab -In Sec. 437, after sub-sec. (7), the following
sub-sec (8) shall be added, namely --
"(8) Before releasing the accused on bail under sub-section
(1) or sub-section (2), the Court shall give the prosecution
a reasonable opportunity to show cause against such
release." Punj: Act 22 of 1983, w.e.f. 27-6-1983.
Union Territory of Chandigarh - Same as in Punjab.