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Start Free TrialCode of Criminal Procedure, 1973 Chapter 33
Title: Provisions as to Bail and Bonds
State: Central
Year: 1973
.....Penal Code (45 of 1860) and sections 25, 26, 27 and 28 of the Arms Act, 1959 (54 of 1959) and sections 3,4, 5 and 6 of the Explosives Substances Act, 1908, (Act 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 Session 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 Session 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 a woman or a 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." .....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 438
Title: Direction for Grant of Bail to Person Apprehending Arrest
State: Central
Year: 1973
.....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 issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). STATE AMENDMENTS 1 Maharashtra: For section 438, the following section shall be substituted, namely:- "438 Direction far 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 that in the event of such arrest, he shall be released on bail; and High Court.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 439
Title: Special Powers of High Court or Court of Session Regarding Bail
State: Central
Year: 1973
.....122, 123, 124A, 153A, 302, 304, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449 and 450 of the Indian Penal Code, 1860, sections 3, 4, 5, and 6 of the Explosive Substances Act, 1908, and sections 25, 26, 27, 28, 29, 30 and 31 of the Arms Act, 1959, is arrested or appears or is brought before a Court; or (b) who, having any reason to believe that he may be arrested on accusation of committing an offence as specified in clause (a), has applied to me High Court or the Court of Session 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 Session 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 a woman or a sick or an infirm person; (iii) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 437
Title: When Bail May Be Taken in Case of Non-bailable Offence
State: Central
Year: 1973
.....is suspected, and (c) that such 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 or tamper with the evidence. and may also impose, in the interests of justice, such other conditions as it considers necessary.] (4) An officer or a Court releasing any person on bail under sub-section (1), or sub-section (2), shall record in writing his or its 3[reasons or special reasons] for so doing. (5) Any Court which has released a person on bail under sub-section (1), or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. (6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. (7).....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 389
Title: Suspension of Sentence Pending the Appeal; Release of Appellant on Bail
State: Central
Year: 1973
.....one, and he is on bail, order that the convicted person be released on bail unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1), and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced. ______________________________ 1. Inserted vide The Code of Criminal Procedure (Amendment) Act, 2005.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 436
Title: In What Cases Bail to Be Taken
State: Central
Year: 1973
.....sureties for his appearance as hereinafter provided: Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 1161[or section 446A]. 4[Explanation.-- Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso.] (2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446. STATE AMENDMENT 2Uttar Pradesh: In section 436, in the first proviso, to section (1), for the word "discharge" the word "release" shall be substituted, _______________________ 1. Inserted by Act 63 of 1980, Section 4 (w.e.f. 23-9-1980). 2. Vide U.P. Act 1 of 1984,.....
View Complete Act List Judgments citing this sectionSuppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 Section 6A
Title: Provision as to Bail
State: Central
Year: 1982
1 [6A. Provision as to bail (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence punishable under this Act shall, if in custody, be released On bail or on his own bond unless- (a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 or any other law for the time being in force on granting of bail. (3) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973.] ________________________ 1. Inserted by Suppression of Unlawful Acts against Safety of Civil Aviation (Amdt.) Act (40 of 1994), S. 5 (1-10-96).
View Complete Act List Judgments citing this sectionAnti Hijacking Act 1982 Section 7A
Title: Provision as to Bail
State: Central
Year: 1982
1[" 7A . Provision as to bail.-- (1) Notwithstanding anything in the code of criminal Procedure, 1973 (2 of 1974), no person accused of an a offence punishable under this Act shall, if in custody be released on bail or on his own bond unless-- (a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (b) where the Public Prosecutor opposes the application the court is satisfied that there are reusable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitation on granting of bail specified in sub- section (1) are in addition to the limitations under the code of criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting bail. (3) Nothing contained in this section shall be deemed to affect the special powers of the High court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974). '.] ____________________________ 1. Inserted by the Anti Hijacking (Amendment) Act, 1994
View Complete Act List Judgments citing this sectionJuvenile Justice (Care and Protection of Children) Act, 2000 Section 12
Title: Bail of Juvenile
State: Central
Year: 2000
.....him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. (2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board. (3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order. ____________________ 1. Inserted by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, dated 22.08.06.
View Complete Act List Judgments citing this sectionSuppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Section 8
Title: Provision as to Bail
State: Central
Year: 2002
(1) Notwithstanding anything in the Code, no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond unless-- (a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in sub-section (1) are in addition to the limitations under the Code or any other law for the time being in force on granting of bail. (3) Nothing contained in this section shall be deemed to affect the special powers of the Hi Court regarding bail under section 439 of the Code.
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