Report No. 268

Chapter - IV

Legal Provisions and Bail Mechanism in India

4.1 The concept of bail emerges from the conflict between the police power to restrict the liberty of a man who is alleged to have committed a crime, and presumption of innocence in favour of the person accused of an offence. Bail is regarded as a mechanism whereby the State imposes upon the community the function of securing the presence of the prisoners, and at the same time involves participation of the community in administration of justice.71

The provisions relating to the grant of bail are enshrined in Chapter XXXIII, under sections 436-450 of Cr.P.C. Offences have been classified into bailable and non bailable and "cognizable" and "non-cognizable". Cognizable offences are the offences which can be investigated by police without any permission from a Magistrate. In contrast, non-cognizable offence means that police has no authority to investigate such an offence without the authority obtained from the Magistrate. Officer-in-charge of police station, Magistrate, Sessions Court and High Court are empowered under Cr.P.C. to deal with bail, imposing conditions on bail, cancellation of bail or anticipatory bail.