Abdul Halim, Text Book on Criminal Procedure Code, 2nd ed., (Dhaka: CCB Foundation, 2008), . Meaning of Bailable offence: - Bailable offence are crimes or offences that are not very serious in nature. The arrested person can be released after depositing the bail to police. In non-bailable offences, bail cannot be claimed as a matter of right rather it is a matter of discretion of the court under section 437 of CrPC. Section 436 and Section 437 CrPC deal with bailable and non-bailable offences respectively. The accused is entitled to bail as a matter of right. Regular bail: The bailable offence is the type of offence in which an accused person is granted bail. Bail in Non-bailable Offence (Section 497) Section 497 of the CrPC . Explain the grounds for grant of bail in non-bailable offences. Ä In what cases bail may be granted in case of non-cognizable offence whether it can be claimed as a matter of right. 'Bail' is derived from the old French verb 'baillier' meaning to 'give or deliver'. An accused can claim bail as a matter of right if he is accused of committing a bailable offence. It resembles a development bail acquired under Section 438 of the CrPC. Indian Penal Code, 1860, Sections 323 and 324 - Criminal Procedure Code, 1973, Section 438 - Accused declared proclaimed offender in an offence under Sections 323 and 324 IPC (Bailable offences) - Accused seeking anticipatory bail as the accused had apprehension of being sent to Jail before his bail application was considered - Accused directed . 4.Surtees-5. Consequently, the applicant was released on bail. 1. Section 436 of the CrPC lays down that a person accused of any bailable offence under the IPC can be released on bail. Section 437——-Bail can be granted in cases related to non-bailable offence. The objective of this provision is to protect a person from wrong and illegal arrest. The code only defines the bail as for bailable and non- bailable offences u/s 2 (a), its further provisions are given u/s 436-450. When bail may be taken in case of non-bailable offence; CrPC Section 437A. 6.The main points for consideration in an application for bail-8. ANTICIPATORY BAIL IN CRPC:-The provision of Anticipatory Bail under Section 438 was introduced when Crpc was amended in 1973. This type of offences is generally punishable by the court with less than three years of imprisonment. According to Section 438 of the CrPC, a person can approach the High Court or the Sessions Court to apply for an Anticipatory Bail for a non-bailable offence. There are only two kinds of offences under the criminal law, bailable offence and non-bailable offence. In case of non-bailable offences, as per section 437 CrPC and Section 439 CrPC , the grant or refusal of the bail is a matter of discretion of the . When bail may be taken in ease of non-bailable offence: With regard to a non-bailable offence, Section 437, Cr.P.C. Bail can be granted to the accused in case of non-bailable offences subject to some limitation and conditions. Refusal of bail is a restriction on the personal liberty of the individual that is guaranteed under Article 21 of the Indian Constitution. CHAPTER XXXIII, Section 436 to 450 of CRIMINAL PROCEDURE CODE (CRPC) - PROVISIONS AS TO BAIL AND BONDS 436. Difference between bailable and non-bailable offence. On the other hand, the latter signifies those offences in which bail cannot be granted in general circumstances. The main objectives of this research are to know about the bail provision of Bangladesh in detail and the provision of granting bail in the non-bailable offense also to know the misuse of the power of granting bail. In India, anticipatory bail must be summoned if a man is capturing cap ture for a non - bailable offense (as under s. 438 of the Criminal Procedure Code). However, the 436 : In What Cases Bail To Be Taken Sec436a :Maximum Period For Which An Undertrial Prisoner Can Be Detained Sec.437 :When Bail May Taken In Case Of Non-bailable Offence Sec.437a:bail Ta Require Accused To Appear Before The Next Appellate Court Sec.438 :Directions For Grant Of Bail To Person Apprehending . Release on bail in bailable offences is mandatory (Section 436 of CrPc) Legal provisions regarding release on bail in bailable offences is mandatory under section 29 of the Code of Criminal Procedure, 1973. "bailable offence" means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and "non-bailable offence" means any other offence. Section 436- In what case bail to be taken: Here the person has to be in custody, and then the question of bail comes in if the offence is bailable.There have to be two sureties for the bail, or if the officer considers the . Offences under bail . The accused is released on a bail without or with furnishing sureties. Section 436 of CrPC provisions the rights of accused if detained under bailable offences, such that - whenever a person is arrested without a warrant for any bailable offence and secures an ability to give bail, such person shall be provided bail. Bailable offence: Section 2(a) of the criminal procedure code describes the bailable offence ( to study the difference between bail and bond). CrPC Section 437. or section 117, sub-section (3). Answer (1 of 2): In the case of non bailable offences different types of bails can be granted by different judicial courts. When bail may be taken in case of non-bailable offence.—. Regular bail is granted under Section 437 by the magistrate and by the sessions judge or the High court under section 439 of the Code of Criminal Procedure, 1973. The first schedule of CrPC also defines which offences are bailable and which are not. In case of bailable offences, as per section 436 CrPC (criminal procedure code 1973) bail has to be granted to the accused as it is a matter of right for the accused to demand and be granted bail. the code of criminal procedure, 1973 (hereinafter called "crpc") defines bailable offence to "mean an offence which is shown as bailable in the first schedule, or which is made bailable by any other law for the time being in force; and "non-bailable offence" means any other offence. As per Section 436 of CrPC, whenever a person accused of a bailable offence is arrested without warrant and is prepared to give bail, such person shall be released on bail. Bail is granted as a matter of right in bailable offences, however, once arrested in a general non-bailable offence, the accused has to bring his or her case within the ambit of the colonial language in section 497(2) of the Code of Criminal Procedure (CrPC) 1898 to regain his or her liberty.The section reads as follows: "…there are not reasonable grounds for believing that the accused has . Direction for grant of bail to person apprehending arrest; CrPC Section 439. Section 2(a) of CrPC defines bailable offences because the offence that has been shown within the First Schedule as bailable or which is formed bailable by the other law for the time being in force. Bail Provisions Under CrPC The term ' bail ' is nowhere defined in the Criminal Procedure Code, 1973. There are commonly 3 types of bail in which accused can seek his remedy: Definition of Section 437 CrPC As Per The Central Government Act. Non-bailable. o Right to be released on bail but the bail can be granted at the discretion of the court(Sec. But ther. But ther. In case of bailable offences, as per section 436 CrPC (criminal procedure code 1973) bail has to be granted to the accused as it is a matter of right for the accused to demand and be granted bail. Bail in Bailable Offence | Section 436 & 436A of CrPC | Lectures on Criminal Procedure Code, 1973.About Us.This is Dr. Waseem I. Khan, welcome all to our You. Under the Code of Criminal Procedure (CrPC), based on bail, offences can be classified as - bailable offences and non-bailable offences, wherein the former implies those offences in which bail can be granted to the accused. Chapter 33 - Provisions As To Bail And Bonds. 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. Section 438 CrPC deals with anticipatory bail which is applied in anticipation or apprehension of the arrest. 436. The code of criminal procedure, 1973 has defined the term bailable offence by stating that an offence which is shown as bailable in the first schedule, or which is made bailable by any other law for the time being in force; and the term non-bailable offence states the meaning that any other offence other than bailable offence. The actual interpretation of Judiciary comes when the offence is Non Bailable. However, the provision is silent regarding bail in the case of cognizable and non-bailable offences. If the role attributed to the accused in an offence is prima facie less serious than the role attributed to the co-accused who have been granted the benefit of bail under S.438 CrPC and under S.439. Conditions of Bail for Bailable Offences. In the case of bailable offence the chances of getting bail are much higher. It states that if a person is arrested and brought to the court for any kind of bailable offences and if he/she is set to avail bail, he can be released on bail. Bailable offences According to Section 2 (a) of CrPC bailable offence means an offence that is classified as bailable in the First Schedule of the Code, or which is classified as bailable under any other law. Whereas, bail can't claim as a right and court or the police officer has a discretion to grant bail after considering facts and circumstance as par each case. This Article revisits the landmark decision of Niranjan Singh v. Prabhakar Kharote which set a new precedent in bail . (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, i.e., the court of a magistrate he may be released on, bail but- Section 437A - Bail to require accused to appear before . In both the situation provisions of the Criminal Procedure Code, 1973 (' CrPC ') must be read into for the purpose of arrest and bail and the procedures thereof. Hon'ble high court or the Court of sessions may direct a person to be arrested who is released on bail. The Karnataka High Court has said that the right to claim bail under section 436 of Criminal Procedure Code (CrPc) becomes circumscribed when an accused repeatedly commits bailable offence/s. Types of Bails: There are 3 main categories of Bail in the Indian Legal system. In what cases bail to be taken. Bailable offence means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force. 3.Bond-5. It is discretion of the court to grant bail in case of non-bailable offences. A GENERAL STUDY ON BAIL UNDER THE CRPC AND OTHER LAWS INTRODUCTION The concept of bail emerges from the conflict between the 'police power' and to restrict the liberty of a man who is alleged to have committed a crime and the presumption of innocence in his favour. Anticipatory bail - anticipatory bail is that type of bail in which individual perceives that he might be captured by the police for a non-bailable offence can file an application for anticipatory bail. The accused gets bail in non-bailable offences only if the court thinks it fit to grant bail to the accused. 2.Bail and Anticipatory Bail- 3. A bail in the case of bailable offence can be granted either by the police officer or the court before which he/she is produced. Provisions As To Bail And Bonds Sec. Section 436A - Maximum period for which an under trial prisoner can be detained. As per Section 436 (1) of the Code, when any person other than a person accused of a non-bailable offence is arrested or detained without . Bailable offences are specified in the first schedule of the Act. Bailable offences In this kind of offense, the allocation of bail is a subject of right. The bail bond and surety are the specific provisions of section 499 of CrPC. Code of Criminal Procedure, 1973. 3. In what cases bail to be taken. Firstly, Bailable cases, where the grant of bail is a matter of . ; Ä What is bail? 2. ; Ä State circumstances under which bail may be granted to an accused? Two categories of offences under section 437(1) Sub-section (1) of Section 437, makes a dichotomy in dealing with non-bailable offences. Conditions: If the accused is a woman or a child, bail can be granted in a non-bailable offence. 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