Report No. 36

6. Section 497(1)-Suggestion regarding.-

The amendment suggested by the State Government1 seeks to replace section 497(1) as follows:-

"(1) When any person accused of or suspected of the commission of any non-bailable offence is arrested or detained without warrant by an officer incharge of a police station, or appears or is brought before a court, he may be released on bail which may be subject to such conditions as may appear necessary in a particular case if the offence is one punishable with imprisonment extending to seven years or more or is one falling under Chapters VI, XVI and XVII of the Indian Penal Code including abetment, conspiracy or attempt to commit any such offence, but shall not be so released if there appear reasonable grounds for believing?

(i) that he is likely to tamper with the evidence; or

(ii) that he has been guilty of an offence punishable with death or imprisonment for life;

Provided that the court may direct that any person under the age of 16 years or any woman or any sick or infirm person accused of such an offence be released on bail.

Explanation.-In granting a conditional bail the court may impose conditions like requiring the person to reside in a particular locality or to report to the police or any other specified authority."

[Chapter VI I.P.C.-Sections 121 to 130.
Chapter XVI I.P.C.-Sections 299 to 377.
Chapter XVII I.P.C.-Sections 378 to 462.]

1. Law Commission's file No. F. 3(2)/55-L.C. Part IV, S. No. 238 and F. 3(2)/55-L.C. Part VI, S. No. 261.