Report No. 78

2.4. Position under Code of Criminal Procedure as to grant of bail.-

The position as to bail under the Code of 1898 was, in broad terms, as follows:

(1) For bailable offences, bail was a matter of right.

(2) For non-bailable offences, it was a matter of discretion.

(3) Bail shall not ordinarily be granted by the Magistrate if the offence is punishable with death or imprisonment for life.

(4) The Court of Session and the High Court had a wider discretion in regard to bail.

The position has not been very materially altered by the Code of 1973, so far as the above broad propositions are concerned. In particular, the basic dichotomy between bailable and non-bailable offences has been maintained.