Bail refers to the release of a person from custody for a temporary duration of time. This release happens on a sum of money.
The Code of Criminal Procedure, 1973 provides for bail, specifying all the conditions for the provision of bail. Chapter thirty three of the Code of Criminal Procedure, 1973 contains the provisions of bail.
Section 436 of the Code of Criminal Procedure, 1973 states that bail is applicable to an individual who is accused of a non bailable offense and a cognizable offense, that is, an arrest without warrant. Such an arrested or detained person by an officer in a police station or before court can be released from custody on bail if such person is ready with an application of bail.
If this person does not have financial support, that is, he is an indigent and due to this reason is not able to provide surety or guarantee, the individual can be released on bail without a surety. Inability to provide surety shows when the person is not able to give bail in a week of the date of the arrest. However, the person on bail must comply with all the conditions attached to this bail, then no such bail will be allowed in a future circumstance.
It is important to note that a person cannot be detained for longer than the maximum punishment prescribed for the offense that the detainee has been alleged. Bail is to be granted on a personal bond with or without a surety after the completion of one half of the total punishment. This is prescribed under Section 436 A of the Code of Criminal Procedure, 1973.
Section 437 of the Code of Criminal Procedure, 1973 describes the conditions under which bail can be granted in non bailable offenses. A person will not be released if there is a sufficient reason to believe that the person has committed an offense punishable for death penalty or imprisonment for life. Further, a person who has already committed an offense punishable for death, life imprisonment or imprisonment up to seven years as well as a person who has committed two offense punishable for three years or more till seven years, will not be granted any bail. However, a woman, person below age sixteen and a sick person or infirm can be exempted from this rule.
Bail cannot be denied on the ground that the person needs to be present for the purpose of identification by witnesses. On special reasons too, a person can be released on bail and these reasons should be recorded in writing. The Court can at any point before the judgement allow the person to be released if it is satisfied of reasonable grounds of the innocence of the person.
Lastly, the conditions of bail under Section 437 are that all the conditions of the bail bond should be followed, the person should not commit a similar offense that he or she is accused of and the individual should not make any inducement or threats to close the case and tamper with evidence.
These are the basic conditions of bail under the Code of Criminal Procedure, 1973.
Tags : CODE OF CRIMINAL PROCEDURE, 1973