The term “bail” has not been defined anywhere under the Indian Criminal Justice System or any other Statute or Law currently in effect in India. The expression “bail”, nevertheless, signifies conditional release of a person or an accused, often on provision of a security that he will ensure his presence before the court of law, in a criminal case which is yet to be decided by the court. The Indian Criminal Law affords to an accused, all the rights to be let out on bail, until and unless the Court finds just and sufficient grounds for denial of bail.
The Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) does not give out the definition of bail. However, Section 2(a) of the CrPC defines the terms “bailable offence” and “non-bailable offence”.
The Jurisprudence of bail dissects the term under separate categories, so as to define 3 independent forms of bail under the Indian Criminal Justice System.
When any person accused of or suspected of any non-bailable offence is arrested without any warrant by a police officer, or brought before a court, other than the High Court or the Court of Session, may be released on bail, if the court is satisfied that there stands no ground for believing that he has been guilty of a crime punishable with death or imprisonment for life.
Also referred to as a ‘temporary bail’ is granted to an accused during a trial. Interim Bail works on certain conditions and limited period of time (which is subject to extension on the discretion of court).
As a normal rule, the act of arresting comes precedent to the right to be let out on bail. However, the provision of Anticipatory Bail contained under Section 438 CrPC, allows a person to seek bail when he is under an anticipation of an arrest, i.e. before an arrest. For section 438 to come into place, the person apprehending arrest must file an application before the Court of law before the arrest takes place.
An application for anticipatory bail can be filed only before the Court of Session or the High Court. Anticipatory bail is not a blanket relief as it comes with certain conditions that are put on him by the concerned Court.
At the time of deciding any application seeking release on bail, the Court concerned always looks at the material, prima facie available before it, without going into the merits of the case. The ‘nature’ and ‘gravity’ of the offence plays a crucial role in deciding the grant or denial of bail in respect of a non-bailable offence. The rule of law is that the Courts shall, prima facie, deal with the questions of the case presented before it while adjudicating upon bail applications. Additionally, at the time of adjudication, the court shall neither delve into the scope of consideration and appreciation, nor rely upon the prosecution witness/witnesses, as the same stage is preserved for at the time of the trial.
It is also crucial for the Courts to provide the Investigating authorities with a genuine and reasonable time to carry out their responsibilities towards investigation. This implies to the necessary balance the Courts have to maintain between restricting someone’s fundamental right which are provided to them though Article 21 of the Constitution of India while denying them bail and not curtailing any innocent’s liberty, unless the facts and circumstance of the case compel the courts to do.
It is thus, very important to look at the literal language used by Section 437 of the CrPC, where it is realized that the legislature, instead of using the exhaustive term “evidence” has used a very wide term “reasonable grounds for believing”. This evidently shows that while deciding an application on the grant or denial of bail, the Courts have to merely satisfy themselves with the strength in the claim made against the person, the soundness of the case and whether it is able to produce prima facie evidence in support of the charges made thereunder.
Welcome to our website. Before proceeding, please carefully read and understand the following disclaimer. By accessing and using this website, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this disclaimer. If you do not agree with any part of this disclaimer, please refrain from using this website.
This website is intended solely for the purpose of providing legal information and knowledge, as well as promoting awareness about legal matters. We would like to emphasize that we do not engage in any form of advertising or solicitation of legal services. We fully comply with the rules and regulations set forth by the Bar Council of India (BCI), which strictly prohibit any form of advertising or solicitation. The content on this website is purely informative and educational.
The content provided on this website is for general informational purposes only. It is not intended to be, and should not be construed as, legal advice or a substitute for professional legal counsel. The information presented on this website may not be applicable to your specific legal situation. Therefore, you should not rely on the information on this website as legal advice. For personalized legal advice, we recommend consulting with a qualified lawyer who can assess your specific circumstances.
Accessing this website or contacting us through this website does not create a lawyer-client relationship between you and us. Any communication or information exchanged with us through this website is not privileged or confidential. We cannot guarantee the security of any information transmitted to us through this website or by email. Therefore, please refrain from sending any confidential or sensitive information through this website.
While we strive to provide accurate and up-to-date information on this website, we make no warranties or representations about the accuracy, completeness, or currency of the information provided. We disclaim any liability for any errors or omissions in the content of this website. It is recommended to independently verify the information provided on this website before relying on it.
This website may contain links to third-party websites for your convenience. We do not endorse or control the content of these websites, and we are not responsible for the information, products, or services provided by these third-party websites. Your use of any third-party websites is subject to their respective terms and conditions.
All intellectual property rights, including copyrights and trademarks, in the content of this website belong to us or are licensed to us. You may not copy, reproduce, distribute, or create derivative works from the content of this website without our prior written consent.
The content published on the website is the copyright of Bijlani & Co. and the same shall not be copied, disseminated or published without express permission.
We reserve the right to modify, amend, or update this disclaimer at any time without prior notice. Any changes to this disclaimer will be effective immediately upon posting on this website.
By accessing and using this website, you acknowledge and agree to abide by the terms and conditions stated in this disclaimer. To proceed, please click on the "I Agree" button below. If you do not agree with any part of this disclaimer, please refrain from using this website.
Thank you for visiting our website.