Bail Matters

According to section 436 of CrPC, If the offence alleged is bailable, then, the Accused is entitled for Bail as a matter of right, may be before Police station itself, or if forwarded to Magistrates Court, before Magistrates court.

1.Bailable Offenses

As stated in Section 2(a) of the CrPC, a bailable offense refers to a crime designated as bailable in the Code's First Schedule or under any other law. If an individual is accused of such an offense, they are entitled to request bail.

The concerned authorities, including police officers, do not have the authority to deny bail if the accused is prepared to secure it. Under CrPC's Section 436 (1973), an individual accused of a bailable offense retains the right to be released on bail at any point during their arrest without a warrant, and at any stage of the legal proceedings.

2. Non-Bailable Offences

Non-bailable offences are those that are excluded from the category of bailable offences. In these cases, an individual facing charges for a non-bailable offence is not guaranteed the right to bail. However, the accused may attain bail under certain circumstances providing they do not meet the criteria detailed below:

  • The individual faces substantial accusations of having committed an offence which is subject to capital punishment or lifetime incarceration.
  • If the accused person is a repeat offender, having been previously convicted for an offence carrying the death penalty, life imprisonment or a prison term of seven years or longer. This prescription also applies if the accused has been convicted of a recognized and non-bailable offence on two or more occasions.


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