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Report No. 78

Appendix 5

Sections Providing for Release on Personal Bond1

At present, there are certain provisions in the Code of Criminal Procedure, 1973, which empower the officer or court concerned or, in one case, even require2 the court concerned, to release a person accused of an offence on a bond without sureties. The following is an illustrative list:

Section 42(2) (Non-cognizable offences) Person who commits in the presence of a public officer a non-cognizable offence refusing on demand to give his true name and residence may be arrested for ascertaining the name etc. When the true name etc. has been ascertained, he will be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required.
Section 88 (All offences) Officer presiding in any Court may, in respect of a person present in Court, require such person to execute a bond, with or without sureties, for his appearance in such Court.
Section 169 (All offences) Release where evidence deficient-bond with or without sureties.
Section 436(1) proviso (Bailable offences)3 In the case of a person accused of a bailable offence, the officer or court may, instead of taking bail, discharge such person on his executing a bond without sureties for appearance etc.
Section 437(2) (Non-bailable offences) If at any stage, it appears there are not reasonable grounds for believing that the accused committed a non-bailable offence, but that there are sufficient grounds for further enquiry into his guilt, the accused shall be released on bail or, at the discretion of the officer or court, on the execution of a bond without sureties for appearance etc. (This provision applies to person accused of non-bailable offences).
Section 437(7) (Non-bailable offences) If at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the court is of opinion that there are reasonable grounds for believing that the accused is not guilty, it shall release the accused if in custody on the execution by him of a bond without sureties for his appearance to hear judgment delivered.

1. See para. 6.1 of body of the Report.

2. Section 437(7), Cr. P.C., 1973.

3. This proviso applies also to persons ordered to give security for peace or good behaviour, subject to section 116(3)

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