HomeSectionsSection 438: Direction for...

Section 438: Direction for grant of bail to person apprehending arrest

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including—

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in confirmity with the direction of the Court under sub-section (1).

- A word from our sponsors -

Most Popular

LEAVE A REPLY

Please enter your comment!
Please enter your name here

More from Author

Nature, Scope and Object of CrPC

Nature of CrPC The Code of Criminal Procedure (CrPC) is a procedural...

Functionaries under the CrPC

The Code of Criminal Procedure (CrPC) provides for the roles and...

Constitution of Criminal Courts and Offices

The Constitution of India has provided for a hierarchical system of...

Power of Courts

The Code of Criminal Procedure (CrPC) provides for a range of...

- A word from our sponsors -

Read Now

Nature, Scope and Object of CrPC

Nature of CrPC The Code of Criminal Procedure (CrPC) is a procedural law that outlines the process for the investigation and trial of criminal offenses in India. It is a comprehensive legislation that covers all aspects of criminal proceedings from the point of registration of a criminal case till...

Functionaries under the CrPC

The Code of Criminal Procedure (CrPC) provides for the roles and responsibilities of several functionaries in the criminal justice system. Main functionaries under the CrPC Police: The police are responsible for investigating criminal cases, collecting evidence, and arresting accused persons. They also have the power to file chargesheets...

Constitution of Criminal Courts and Offices

The Constitution of India has provided for a hierarchical system of criminal courts, with the Supreme Court at the top and the lower courts at the bottom. Criminal Courts Established under the Constitution are as follows: Supreme Court of India: The Supreme Court of India is the highest...

Power of Courts

The Code of Criminal Procedure (CrPC) provides for a range of powers that are vested in the courts in criminal cases. Powers of the Courts under the CrPC Power to take cognizance: The courts have the power to take cognizance of criminal offences and to initiate criminal proceedings...

Powers of Superior Officer of Police

Under the Code of Criminal Procedure (CrPC), the Superior Officer of Police (usually a Superintendent of Police or above) has certain powers related to the investigation of criminal cases. Powers of the Superior Officer of Police Power to supervise investigation: The Superior Officer of Police has the power...

Meaning and Purpose of Arrest

Meaning of Arrest Arrest is the process of taking a person into custody, with the intention of bringing them before a court to face criminal charges. The Code of Criminal Procedure (CrPC) in India lays down the procedure for the arrest of an individual suspected of having committed...

Arrest With and Without Warrant

Arrest under the Code of Criminal Procedure (CrPC) in India can be made with or without a warrant, depending on the circumstances of the case. Arrest with Warrant Arrest with a warrant is made on the basis of a written order issued by a magistrate or a court. The...

Arrest by a Private Person

Under the Code of Criminal Procedure (CrPC), private persons are allowed to make arrests under certain circumstances. However, the power to arrest by a private person is limited and must be exercised within the bounds of the law. Circumstances where a Private Person may make an Arrest When the...