Report No. 78

General position

(1) For bailable offences, bail is a matter of right,1 subject to certain qualifications, to be stated in due course. The person arrested must be informed of his right to bail.2

The relevant provisions speak of a person other than one accused of a non-bailable offence, but, for brevity, we use the words "bailable offences."

(2) As regards non-bailable offences a person accused of, or suspected of the non-bailable offence, shall not be released on bail, if there appear to be reasonable grounds for believing that he has been guilty of any offence punishable with death or imprisonment for life.3 There is, however, an important exception to this. The court may direct that even in such a case a person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail.4

(3) In other cases of accusation or suspected commission of a non-bailable offence, the court has a discretion to grant bail and the person may be released on bail5 but the discretion is regulated by certain express provisions, many of which, an effect, lead in favour of the grant of bail, while some might operate in the contrary direction. These provisions are summarised below.

1. Section 436(1), main para. Cr. P.C., 1973.

2. Section 50(2), Cr. P.C., 1973.

3. Section 437(1), main para., Cr. P.C., 1973.

4. Section 437(1), first proviso, Cr. P.C., 1973.

5. Section 437(1), main para., Cr. P.C., 1973.