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College Name: Hvps College of Law Name of Students: Shruti N Mishra Class and Semester: Tyllb (Sem 5)

This document discusses provisions related to bail under the Code of Criminal Procedure (CrPC). It defines bail as the short-term release of an accused person awaiting trial, subject to certain restrictions. It distinguishes between bailable and non-bailable offenses. For non-bailable offenses (Section 437), bail may be granted at the court's discretion, except for offenses punishable by death or life imprisonment. Section 438 covers anticipatory bail, which can be granted before arrest to prevent unnecessary arrest.

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31 views

College Name: Hvps College of Law Name of Students: Shruti N Mishra Class and Semester: Tyllb (Sem 5)

This document discusses provisions related to bail under the Code of Criminal Procedure (CrPC). It defines bail as the short-term release of an accused person awaiting trial, subject to certain restrictions. It distinguishes between bailable and non-bailable offenses. For non-bailable offenses (Section 437), bail may be granted at the court's discretion, except for offenses punishable by death or life imprisonment. Section 438 covers anticipatory bail, which can be granted before arrest to prevent unnecessary arrest.

Uploaded by

Niki Mishra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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COLLEGE NAME : HVPS COLLEGE OF LAW


NAME OF STUDENTS : SHRUTI N MISHRA
CLASS AND SEMESTER : TYLLB (SEM 5)

ROLL NO : A-25
SUBJECT : CRPC
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Index Pg no

Meaning 3

Section 437 (Bail in non bailable offence): 5

Section 438 (Anticipatory Bail) 6


MEANING
3

• Bail means short-term release of an accused person awaiting trial. Bail is the judicial release of an accused charged with the certain offence by
imposing some restrictions on him and compelling him to remain within the jurisdiction of court. So, if we look on the background history of this
concept. Originally, the word is derived from the old French word 'bailer' which means to give or to deliver.

• According to this act the offences are categorized into two categories:

• Bailable offence (it is the type of offence in which the accused person is granted bail. Under section 2(a) of the code this term has been defined) and
Non Bailable offence (it is the type of offence in which accused is not entitled to get bail). So, the question lies here is that 'cases in which bail may
granted’.

• In the case of bailable offence it is mandatory for the court to grant the bail to accused person and in cases of non bailable offence it depends on the
discretion of the court whether court thinks fit to grant bail to accused or not.
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• There are commonly 3 types of bail in which accused can seek his remedy:

• The provisions relating to the bail and bonds have been given under section 436 to 450 of the Criminal Procedure Code. These
provisions foresee in the code gives the brief concerning the provisions of the bail.

• Section 436(A) of CrPC:

• This section was inserted via amendment in 2005. It deals with the maximum period for which an under trial prisoner can be detained.
As per the section if a person has go through detention for a period of nearly one half of the maximum period of imprisonment describe
for the offence for which he is being tried, he shall be free by the Court on a personal bond with or without guarantee. This
imprisonment must be during the investigation, inquiry or trial of the case and not during the serving of judgment after the conviction.
SECTION 437 (BAIL IN NON BAILABLE OFFENCE):
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• When any person accused of or suspected of the commission of any non bailable offence is arrested on detained/appears or is brought before a court (other than
High court/ court of session), he may be released on bail, but:

• Such person shall not be released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or life
imprisonment.

• If such offence is a cognizable offence and he had been previously sentence of an offence punishable with death, life imprisonment for 7 years or more, or he
had been earlier convicted on two or more instance of a non bailable and cognizable offence. But a person who is:

• Under age of 16 years

• A woman

• A sick

• Infirm person may be released on bail even if the offence charged is punishable with death on imprisonment for life or the accused is previously convicted.
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• Section 438 (Anticipatory Bail):

• According to the ordinary law, the bail is provided after the arrest but anticipatory bail is pre arrest bail which is taken prior to
arrest. Anticipatory bail is stated under Section 438 of CrPC which defines that when the courts feels that the accused is falsely
involved in the case and arrest would harm his honour and dignity than with imposing certain conditions court grant
anticipatory or pre arrest bail to the accused person.

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