Bail under CrPC

April 11, 2023

Despite offences being divided into bailable and non-bailable categories, there is no definition of bail in the Code. The legal dictionary defines bail as a guarantee to appear by the accused, upon which he is released pending trial or investigation. Bail is intended to secure a person’s release from custody by promising that he would show up at the appointed time and location and subject to the jurisdiction and decision of the Court. Bail is a procedure that allows a judge or magistrate to relieve someone after they have been arrested or detained in exchange for a security deposit that will guarantee the person’s future appearance in court for related procedures.

The idea of bail arises from the tension between the police’s ability to restrict a person’s freedom once they are accused of committing a crime and the presumption of innocence in the accused’s favour. For the intent of offences. The CrPC has divided all offences into “bailable” and “non-bailable” categories, indicating whether each offence is or is not subject to bail. Nevertheless, the Code does not provide any test or criteria for determining whether an offence is subject to bail. It all relies on whether or not the First Schedule of the Code has indicated that it is or is not a bailable offence. Yet, it may be said that generally speaking, major offences are considered to be non-bailable while lesser offences are considered to be bailable. If you want to be a judicial officer and are looking for RJS coaching, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.

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