Bail

An Introduction


Bail is a procedure by which the accused so arrested is given the relief to go to their residence on the promise that they’ll cooperate with the police in the investigation of the charges levied against them and shall be available to be called to the court if and when hearing of the case is scheduled.

The Criminal Code establishes the classification of offenses under multiple different criteria. The one we’ll focus on is (1) Bailable Offences and (2)Non- Bailable Offences.

1.  Bailable Offence

The CrPC hereinafter mentions as the Code, classifies offenses as shown in Schedule 1[1] As billable and non-bailable. When it comes to bailable offences, A person so arrested under such charge has to be released upon a complaint so being filed in a Police station. The person so released is to write a statement guaranteeing to return totoice or appear in the court for the process of investigation and adjudication of justice. One such is the S. 304A of the IPC which talks about causing death by a rash or negligent act.

2.  Non – Bailable Offences

The Code under S.2(a) defines Bailable offences and defines other offences so not defined as bailable to be non bailable. An offence that is so grave that it provokes the state to arrest the accused and detain such person till a time they can be presented in front of the appropriate judicial authority is a non-bailable offence. Offences that are marked as non-bailable under the Schedule1 of the code stipulates that a only judge f competent authority shall be allowed to make a judgement on continuing the detention of the accused.

The first hearing that a judge takes of a criminal case is that on the question of Bail. Under such Bail Hearings, the a Plea is maintained by the accused that they shall guarantee full cooperation with the police towards the investigation of the alleged offences. The accused also has to promise to present himself before the court on any future hearings of the said case.

One of the major defences that the accused take are that of being a reputable personality and having roots in the local society so as to prove themselves not being a flight risk. The general defence is to show familial ties of the accused and show them as dependent on the income of the person who’s detention might lead to future economic tragedy. Such a person is also rarely to evade the justice system.

 Important Sections

A bailable Offence is defined as a means of an offense which is shown as bailable in the first schedule or the CrPC act, 1973 or any other law which stipulates an offense as bailable for the time being in a force.[2]

Charge” includes any head of charge when the charge contains more heads than one.[3]

Cognizable offence” means an offence for which, and “cognizable” case means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.[4]

Complaint” means any allegations made orally or in writing to the magistrate, with a view to his taking action under this code, that some person,whether known or unknown, has committed an offence, but does not include a police report.[5]

Explanation – A report made by a police officer in a case which disclose, after investigation, the commission of non cognisable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be complainant;

non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant;[6]


[1]  Schedule 1 on CrPC at pg 167

[2] S.2 (a) of the CrPC act,1973 | Schedule 1 on CrPC at pg 167

  Link to Act : THE CODE OF CRIMINAL PROCEDURE, 1973

[3] S.2(b) see pg.21

[4] S.2(c)

[5] S.2(d)

[6] S.2(l) see pg 22

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

You may also like to read:

Things you need to accept about yourself

History of Farm Bills and reason behind the protest

Legal History of Right to Educationc

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.