What is Special powers of High Court or Court of Sessions regarding bail? Section 439 of Code of Criminal Procedure 1973

Special powers of High Court or Court of Sessions regarding bail is defined under Section 439 of CRPC 1973. Provision under this section is:

Section 439 of CRPC "Special powers of High Court or Court of Sessions regarding bail"

(1) A High Court or Court of Sessions may direct,-
(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of Section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section;
(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:

Provided that the High Court or the Court of Sessions shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Sessions or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.

(2) A High Court or Court of Sessions may direct that any person who has been released on bail under this chapter be arrested and commit him to custody.

STATE AMENDMENTS

Punjab:- After sec. 439 the following shall be inserted, namely,-

"439 A. Notwithstanding anything contained in this Code, no person-

(a) who, being accused or suspected of committing an offence under any of the following sections namely ? Sections 120-B, 121, 121-A, 122, 123, 134-A, 153-A, 302, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 412, 431, 436, 449 and 450 of the Indian Penal Code, 1860, Sections 3,4,5 and 6 of the Explosive Substances Act, 1908, and Sections 25,26,27,28,29,30 and 31 of the Arms Act, 1959, is arrested or appears or is brought before a Court;

OR

(b) who, having any reason to believe that he may be arrested on accusation of committing an offence as specified in Clause (a), has applied to the High Court or the Court of Session for a direction for his release on bail in the event of his arrest, shall be released on bail or, as the case may be, directed to be released on bail, except on one or more of the following grounds, namely:-

(i) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in Clause (a);

(ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person;

(iii) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail". Punjab Act, 22 of 1983, w.e.f 27-6-1993.

Union Territory of Chandigarh .- Same as in Punjab.

Tripura :-- Insert Section 439A, after Section 439.

"439A. Power to grant bail :- Notwithstanding anything contained in this Code, no person-

(a) who being accused of or suspected of committing an offence under Sections 120B, 121, 121A, 122, 123, l24A, 153A, 302, 303, 304, 307, 326, 333, 364, 365, 366, 366A, 366B, 367, 368, 376, 386, 387, 392, 394, 395, 396, 397, 399, 412, 436, 449 and 450 of the Indian Penal Code 1860 (45 of 1860) or Sections 25, 26, 27, and 28 of the Arms Act, 1959 (54 of 1959) or Sections 3, 4, 5 and 6 of the Explosives Substances Act, 1908 (VI of 1908), is arrested or appears or is brought before a Court;

OR

(b) who having any reason to believe that he may be arrested on an accusation of committing an offence as specified in clause (a) has applied to the High Court or Court of Sessions for a direction for his release on bail in the event of his arrest,

shall be released on bail or, as the case may be, directed to be released on bait except on one or more of the following grounds namely-

(i) that the Court including the High Court or the Court of Sessions, for reasons to be recorded in writing, is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a);

(ii) that such person is under the age of sixteen years or any woman or any sick or infirm person;

(iii) that the Court including the High Court or the Court of Session, for reasons to be recorded in writing, is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail." Punjab Act 22 of 1983, w.e.f 27-6-1983.

Union Territory of Chandigarh:- Same as in Punjab.

Tripura: Insert Section 439A, after Section 439.

"439A. Power to grant bail:- Notwithstanding anything contained in this Code, no person-

(a) who, being accused of or suspended of committing an officer under sections 120B, 121, 121A, 123, 124A, 153A, 302, 303, 304, 307, 326, 333, 364, 365, 366, 366A, 366B, 367, 368, 376, 386, 392, 394, 395, 396, 397, 399, 412, 436, 449 and 450 of the Indian Penal Code 1860 (45 of 1860) or sections 25,26,27 and 28 of the Arms Act, 1959 (54 of 1959) or sections 3,4,5 and 6 of the Explosives Substances Act, 1908 (VI of 1908), is arrested or appears or is brought before a Court;

OR

(b) who, having any reason to believe that he may be arrested on an accusation of committing an offence as specified in clause (a) has applied to the High Court or Court of Sessions for a direction for his release on bail in the event of his arrest,

shall be released on bail or, as the case may be, directed to be released on bail, except on one or more of the following grounds namely-

(i) that the Court including the High Court or the Court of Sessions, for reasons to be recorded in

writing, is satisfied that there are reasonable grounds for believing that such person is not guilty of any

offence specified in clause (a);

(ii) that such person is under the age of sixteen years or any woman or any sick or infirm person;

(iii) that the Court including the High Court or the Court of Session, for reasons to be recorded in

writing, is satisfied that there are exceptional and sufficient grounds to release or direct the release of the

accused on bail." Tripura Act 6 of 1992, w.e.f. 29-7-1992.

PROVISIONS AS TO BAIL AND BONDS

In what cases bail to be taken? When bail may be taken in case of non bailable offence? Section 436 and 437 of Code of Criminal Procedure 1973

What is direction for grant of bail to person apprehending arrest? Section 438 of Code of Criminal Procedure 1973

What is Special powers of High Court or Court of Sessions regarding bail? Section 439 of Code of Criminal Procedure 1973

What is Amount of bond and reduction thereof? What is Bond of accused and sureties? What is Discharge from custody? Section 440, 441 and 442 of Code of Criminal Procedure 1973

What is Power to order sufficient bail when that first taken is insufficient? What is Discharge of sureties? What is Deposit instead of recognisance? Section 443, 444 and 445 of Code of Criminal Procedure 1973

What is the Procedure when bond has been forfeited? What is Cancellation of bond and bail bond? Section 446 and 446A of Code of Criminal Procedure 1973

What is the Procedure in case of insolvency of death of surety or when a bond is forfeited? When Bond required from minor? What is the procedure in Appeal from orders under Section 446? What is Power to direct levy of amount due on certain recognizances? Section 447, 448, 449 and 450 of Code of Criminal Procedure 1973

 

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