A Brief Overview on the Law Regarding Bail in India

In simple terms, bail refers to procurement of release of an accused individual, by way of depositing a security. This is for ensuring that he/she would definitely appear at the required time in front of the legal body. Read on for more details on the law pertaining to this aspect.

The Criminal Procedure Code, 1973 or Cr.P.C. does not provide a definition of the term ‘Bail,’ however it does speak about the process in details. According to the Cr.P.C., an offense is categorized into bailable and non-bailable, depending upon the nature of the crime. The section 2(a) Cr.P.C. mentions the schedule in which both the types of offenses have been listed. All serious offenses which pose an imprisonment for three years or more are considered as non-bailable. For more information on this subject, one may avail the services of a reputed criminal law office in Delhi, which has an experienced team of lawyers and defense attorneys.

The Process

The process has been referred under sections 436 to 450. Here it states the provisions for the grant of bail and bonds in criminal cases. However, it does not mention the exact amount of security which the accused is liable to pay to secure his release. In this aspect, the discretion lies with the court.

In case of simple crimes, the accused may take the help of a criminal law office in Delhi and apply for bail instantly. However, in the case of a complicated act of crime, which comes under the purview of non-bailable, the accused needs to wait for 48 hours before claiming his right. After the application, the judge analyses the case and gives his judgment whether the accused is eligible to receive the bail or not.

The conditions

As per the section 437 of the Cr.P.C., one may request for bail even in a case of non-bailable offense. It states that a person accused or suspected of committing a crime, punishable with imprisonment of seven years or more, or any other offense under Chapter VI, Chapter XVI, or Chapter XVII of the Indian Penal Code (45 of 1860), may be released on bail, under sub-section (1), provided the Court has imposed the necessary conditions. Listed below are some of the conditions that the court may place in such circumstances:

i) That the accused shall attend in accordance with the conditions of the bond

ii) That the accused shall not commit any similar offense

iii) Any other interest of Justice

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