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Bail UPSC NOTE

 


What is Bail?

  • Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority.

  • Under the Code of Criminal Procedure (CrPC), bail can be granted to an accused person either by a police officer or by a judicial magistrate.

  • Bail is granted to an accused person to secure their presence at trial, and to protect their liberty while they are awaiting trial.

  • It is generally granted when the accused can furnish sufficient sureties (guarantees) that they will appear in court as required.

Types of Bail in India

Regular Bail:

  • Regular bail can be granted to a person who has already been arrested and kept in police custody.

    • Regular Bail for Bailable Offences - Section 436 of the CrPC.

    • Regular Bail for Non-Bailable Offences -  Section 437 of the CrPC.

Anticipatory Bail:

  • Under Section 438 of CrPC, any individual who discerns that he may be tried for a non-bailable offense can apply for an anticipatory or advance bail application.

  • A bail under this section is Bail before the arrest, and the police can't arrest an individual if the Court has granted anticipatory Bail.

Interim Bail:

  • As the name suggests, this type of Bail is granted temporarily. 

  • The interim Bail is granted to the accused before the hearing for a regular or anticipatory Bail grant. 

  • This is primarily because furnishing documents from the lower courts to the High Court takes time. 

  • However, the interim Bail is concluded during the bail hearing.

Default Bail:

  • This kind of bail procedure differs from the Bail granted under the sections mentioned above.

  • Default bail is granted on the default of the police or investigating agency to file its report/complaint within the prescribed period.

  • For an offense where an arrest can be made without a warrant, section 57 of the CrPC commands that the police officer shall not detain the accused for more than 24 hours. 

  • If the investigation is not concluded and the charge sheet is not filed within these 24 hours, section 167 grants the accused the right to a statutory or default bail.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Bail UPSC NOTE
Bail UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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