Pre-requisites of Section 436(1) to be released on bail

April 12, 2023

When a person is detained or arrested without a warrant, Section 436(1) deals with the broad issue of granting bail in relation to offences that are generally subject to bail. In order for bail to be granted under this Section, the following requirements must be met:

 (1) the person has been accused of a bailable offence;

(2) he has been arrested or detained without warrant by an officer-incharge of a police station or appears or is brought before a court; and

3) he must be prepared at any time while in the custody of such officer or at any stage of the proceeding before court to give bail.

Bail is a right that can be sought if all three of the aforementioned requirements are met. When the verb “shall” rather than “may” is employed, neither the police officer nor the court have any discretion. If you want to be a judicial officer and are looking for best RJS coaching in Jaipur, 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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