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TypeBare Act JurisdictionCentral Government

Code of Criminal Procedure, 1973 Section 439A

POWER TO GRANT BAIL:- Notwithstanding anything contained in this Code, no person

~3 min read
https://sooperkanoon.com/act/450669

Bare act section · Research

About this section

Code of Criminal Procedure, 1973 Section 439A is part of Code of Criminal Procedure, 1973 - POWER TO GRANT BAIL:- Notwithstanding anything contained in this Code, no person. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

a) who being accused of or suspected of committing an offence under Sections 120B, 121, 121A, 122, 123, l24A, 153A, 302, 303, 304, 307, 326, 333, 364, 365, 366, 366A, 366B, 367, 368, 376, 386, 387, 392, 394, 395, 396, 397, 399, 412, 436, 449 and 450 of the Indian Penal Code 1860 (45 of 1860) or Sections 25, 26, 27, and 28 of the Arms Act, 1959 (54 of 1959) or Sections 3, 4, 5 and 6 of the Explosives Substances Act, 1908 (VI of 1908), is arrested or appears or is brought before a Court; OR (b) who having any reason to believe that he may be arrested on an accusation of committing an offence as specified in clause (a) has applied to the High Court or Court of Sessions for a direction for his release on bail in the event of his arrest, shall be released on bail or, as the case may be, directed to be released on bait except on one or more of the following grounds namely-

(i) that the Court including the High Court or the Court of Sessions, for reasons to be recorded in writing, is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a);

(ii) that such person is under the age of sixteen years or any woman or any sick or infirm person;

(iii) that the Court including the High Court or the Court of Session, for reasons to be recorded in writing, is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail." Punjab Act 22 of 1983, w.e.f 27-6-1983. Union Territory of Chandigarh:- Same as in Punjab. Tripura: Insert Section 439A, after Section 439. "439A. Power to grant bail:- Notwithstanding anything contained in this Code, no person-

(a) who, being accused of or suspended of committing an officer under sections 120B, 121, 121A, 123, 124A, 153A, 302, 303, 304, 307, 326, 333, 364, 365, 366, 366A, 366B, 367, 368, 376, 386, 392, 394, 395, 396, 397, 399, 412, 436, 449 and 450 of the Indian Penal Code 1860 (45 of 1860) or sections 25,26,27 and 28 of the Arms Act, 1959 (54 of 1959) or sections 3,4,5 and 6 of the Explosives Substances Act, 1908 (VI of 1908), is arrested or appears or is brought before a Court; OR (b) who, having any reason to believe that he may be arrested on an accusation of committing an offence as specified in clause (a) has applied to the High Court or Court of Sessions for a direction for his release on bail in the event of his arrest,shall be released on bail or, as the case may be, directed to be released on bail, except on one or more of the following grounds namely-

(i) that the Court including the High Court or the Court of Sessions, for reasons to be recorded in writing, is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a);

(ii) that such person is under the age of sixteen years or any woman or any sick or infirm person;

(iii) that the Court including the High Court or the Court of Session, for reasons to be recorded in writing, is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail." Tripura Act 6 of 1992, w.e.f. 29-7-1992.

Frequently asked questions

What does Code of Criminal Procedure, 1973 Section 439A provide?

Section Section 439A of the Code of Criminal Procedure, 1973 (POWER TO GRANT BAIL:- Notwithstanding anything contained in this Code, no person) is reproduced on this page as part of the Code of Criminal Procedure, 1973. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Code of Criminal Procedure, 1973 Section 439A?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Code of Criminal Procedure, 1973 Section 439A. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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