The Code of Criminal Procedure provides for the provision of bail, which is the temporary release of an accused person who is in custody, subject to certain conditions.
Provisions for Bail under the CrPC
- Bail for bailable offences: Section 436 of the Code provides for bail for persons accused of bailable offences. Such persons are entitled to be released on bail if they are unable to furnish bail.
- Bail for non-bailable offences: Section 437 of the Code provides for bail for persons accused of non-bailable offences. The court may grant bail to such persons if it thinks fit.
- Anticipatory bail: Section 438 of the Code provides for the grant of anticipatory bail. Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.
- Bail on appeal or reference: Section 389 of the Code provides for the release of a person on bail when an appeal or reference has been made against a conviction or an order of sentence.
- Bail in case of insufficient evidence: Section 497 of the Code provides for the grant of bail to a person who has been accused of an offence punishable with imprisonment for less than seven years if there is insufficient evidence against him.
- Bail in case of a woman: Section 437 provides that when a woman is accused of a non-bailable offence, the court may, if it thinks fit, grant bail.
- Bail in case of a child: Section 437A provides for the release of a child in conflict with the law on bail.
