This article is written by Michael Shriney from the Sathyabama Institute of Science and Technology. The article defines bailable offences and the ingredients of bail. If bail is a right in a bailable offence, what offences are bailable, as well as, provisions and applicability, and some frequently asked questions are also explained in this article.
This article has been published by Sneha Mahawar.
Table of Contents
Introduction
A person who has been arrested has the legal right to apply for bail, and they must be freed/released after availing of bail. This is known as a bailable offence or crime. Bailable offences should not be serious in nature. Bail is granted so that a suspect can prepare a defence against the allegations that were made against him, which were based on the common law presumption of innocence and to prevent innocent people from being imprisoned. This would otherwise result in a pre-trial punishment. Bail is the suspect’s right if they are held for a crime that is eligible for bail. The suspect can get bail by executing a bail bond. Let’s take a detailed look at how a bailable offence is granted bail.
What is a bailable offence
According to Section 436 of the Criminal Procedure Code, if bailable offence is one that can be released on bond, the suspect has the statutory right to request bail. The discretion to set the amount rests upon the Court or the officer depending on the circumstances. According to Section 2(a) of the Criminal Procedure Code, a bailable offence can be pardoned or reduced in punishment under any other law in effect. The concept of a bailable warrant is defined under Section 71 of the Criminal Procedure Code. A crime is considered a bailable offence if the maximum sentence is three years. A bailable offence is also known as a non-cognizable offence. All prisoners will have the right to prove their innocence by obtaining bail, which must be for bailable offences and will only be granted in particular circumstances for non-bailable offences. A bailable warrant is issued when a suspect fails to appear in court despite repeated requests from the court of law. The court will then issue a bailable warrant requiring the person to appear in court.
When bail is granted, the suspect is not immediately set free. They are still considered suspects and are required to show up in court for trial, which confirms whether the accused is guilty or not. A suspect person has a right to be freed on bail as soon as all of the conditions of the bail amount have been satisfied. If the suspect meets all the requirements for release from custody, the police cannot deny the release. A person who has been unlawfully detained may be temporarily released on bail by posting a specific amount of security. Once the required surety or bond is provided and the court or police authorities are required to release the accused on bail, the accused person of any bailable offence is immediately entitled to be freed on bail. So, if someone is arrested without a warrant for an offence that qualifies for bail, they have an inalienable right to request bail.
Ingredients of bail
- Bail is a legal right that must be granted to a suspect who has committed bailable offences that qualify for bail.
- Bail may also be granted by the investigating officer of the police station.
- Offences that carry a sentence of up to three years may be considered bailable offences, i.e., the maximum penalty is three years in prison.
- The nature of a bailable offence is less serious.
- The execution of a bail bond, with or without surety, is necessary.
Is bail a right in a bailable offence
Yes, Bail is a right in a bailable offence. The investigating officer is required to issue bail. The investigating officer is required to release the accused if, upon his arrest, he provides the appropriate bail and complies with all other requirements. As an example, a suspect may be detained without a warrant. The police officer in charge of this situation is responsible for relaying all information about the crime scene. However, in accordance with Section 50 of the Criminal Procedure Code, the officer is required to explain whether or not the individual being held is eligible for bail. In accordance with Section 436 of the Criminal Procedure Code, the court magistrate may issue bail when the applicant is qualified. However, depending on the circumstances, the court or the officer may sometimes choose the bail amount.
What are the offences that are bailable
The suspect has a right to seek bail from the police officer or the court in the following circumstances:
| Bailable Offences | Section |
| Abetment (Depends on the offence) | Sections 107-120 of the Indian Penal Code |
| Criminal conspiracy to commit an offence punishable with death (Depends on the offence) | Section 120B of the Indian Penal Code |
| Wearing soldier’s garb, sailor, airman | Section 140 of the Indian Penal Code |
| Punishment for unlawful assembly | Section 144 of the Indian Penal Code |
| Owner or occupier of land on which unlawful assembly is held | Section 154 of the Indian Penal Code |
| Being hired to be part of unlawful assembly or riot | Section 158 of the Indian Penal Code |
| Public servants disobeying directions under law | Section 166A of the Indian Penal Code |
| Public servant framing an incorrect document | Section 167 of the Indian Penal Code |
| Furnishing false information | Section 177 of the Indian Penal Code |
| False statement on oath to public servants | Section 181 of the Indian Penal Code |
| Disobedience to order duly promulgated by a public servant | Section 186 of the Indian Penal Code |
| The threat of injury to a public servant | Section 189 of the Indian Penal Code |
| Giving false evidence | Section 191 of the Indian Penal Code |
| Threatening any person to give false evidence | Section 195A of the Indian Penal Code |
| Giving false information respecting an offence | Section 203 of the Indian Penal Code |
| Fraudulently making false claims in court | Section 210 of the Indian Penal Code |
| Taking a gift, to screen an offender from punishment | Section 213 of the Indian Penal Code |
| Escape from confinement or custody negligently suffered by a public servant | Section 223 of the Indian Penal Code |
| Intentionally insult or interrupt to public servant sitting in a judicial proceeding | Section 228 of the Indian Penal Code |
| Fraudulent use or false instrument for weighing | Section 264 of the Indian Penal Code |
| Negligent acts likely to spread infectious diseases dangerous to life | Section 269 of the Indian Penal Code |
| Adulteration for food or drink intended for sale | Section 272 of the Indian Penal Code |
| Sale of adulterated drug | Section 275 of the Indian Penal Code |
| Rash driving or riding on a public way | Section 279 of the Indian Penal Code |
| Danger or obstruction in public way or line of navigation | Section 283 of the Indian Penal Code |
| Negligent conduct with respect to fire or combustible matter | Section 285 of the Indian Penal Code |
| Sale of an obscene book | Section 292 of the Indian Penal Code |
| Trespassing on burial places | Section 297 of the Indian Penal Code |
| Punishment for causing death by negligence | Section 304A of the Indian Penal Code |
| Attempt to commit suicide | Section 309 of the Indian Penal Code |
| Concealment of birth by secret disposal of the body | Section 318 of the Indian Penal Code |
| Causing hurt | Section 323 of the Indian Penal Code |
| Using force | Section 349 of the Indian Penal Code |
| Stalking | Section 354D of the Indian Penal Code |
| Punishment for kidnapping | Section 363 of the Indian Penal Code |
| Punishment for cheating | Section 417 of the Indian Penal Code |
| Punishment for mischief | Section 426 of the Indian Penal Code |
| Punishment for criminal trespass | Section 447 of the Indian Penal Code |
| Forgery | Section 465 of the Indian Penal Code |
| Falsification of accounts | Section 477A of the Indian Penal Code |
| Possession of forged currency notes or banknotes | Section 489C of the Indian Penal Code |
| Marrying again during the lifetime of the husband or wife | Section 494 of the Indian Penal Code |
| Marriage ceremony was fraudulently gone through without lawful marriage | Section 496 of the Indian Penal Code |
| Enticing or taking away or detaining with criminal intent | Section 498 of the Indian Penal Code |
| Punishment for defamation | Section 500 of the Indian Penal Code |
| Criminal intimidation | Section 506 of the Indian Penal Code |
| Word, gesture or act intended to insult the modesty of a woman | Section 509 of the Indian Penal Code |
| Misconduct in public by a drunken person | Section 510 of the Indian Penal Code |
Offences that are eligible for bail
Abetment
- Abetment is a crime, according to Section 107 of the Indian Penal Code, which states that anybody who aids another person in carrying out any unlawful conduct, participates in an illegal plan to carry it out, or purposely aids another person in carrying out an unlawful act is guilty of the crime. Depending on the situation, this section may occasionally be subjected to a bailable offence.
Criminal conspiracy
- A person who engages in a criminal conspiracy but is not one to commit an offence is subject to punishment under Section 120B of the Indian Penal Code, which provides for a maximum six-month sentence in jail, a fine, or both. The offender will be fined when the plan falls apart in a criminal conspiracy. Depending on the situation, this section may occasionally be subjected to a bailable offence.
Wearing garb or carrying tokens used by soldier, sailor or airman
Section 140 of the Indian Penal Code deals with wearing garb or carrying tokens used by soldier, sailor or airman, stating that-
- Anybody who is not a soldier, sailor, or airman in the military, naval, or air service of the Government of India and wears any attire or carries any token that resembles the aforementioned categories with the goal of portraying themselves as a soldier, sailor, or airman will be punished with imprisonment for a term that extends to three months or both. This is a bailable offence.
Unlawful assembly
Section 144 of the Indian Penal Code deals with joining an unlawful assembly armed with a deadly weapon, stating that-
- Any member of an illegal assembly who is in possession of a deadly weapon or other items that may be used to commit an offence that would likely result in death will face a two-year prison sentence, a fine, or both. This is a bailable offence.
Owner or occupier of land on which unlawful assembly
Section 154 of the Indian Penal Code deals with the owner or occupier of land on which unlawful assembly is held, stating that –
- The owner or occupier of the land where an unauthorised gathering or riot occurs is subject to punishment with a fine of Rs. 1000 whenever such an incident happens. This is a bailable offence.
An individual being part of an unlawful assembly or riot
Section 158 of the Indian Penal Code deals with being hired to be part of an unlawful assembly or riot, stating that-
- Any person who performs or assists in doing any of the actions, or who offers, attempts, or is involved in doing so which is illegal, will be punished by imprisonment for a term that may not exceed six months, a fine, or both. If the same person uses weapons to cause death, the sentence will be extended to two years, a fine, or both. This is a bailable offence.
Offence by a public servant
Public servant disobeying the direction of the law
Section 166A of the Indian Penal Code deals with public servant disobeying the direction of the law, stating that –
- Any individual who is a public servant willfully disobeys a legal order that forbids him from being present during an inquiry into an offence or fails to record any information that was provided to him may face severe punishment for at least six months and up to two years in jail or a fine. This is a bailable offence.
A public servant fabricating a document
Section 167 of the Indian Penal Code deals with a public servant framing an incorrect document, stating that-
- Any public servant who prepares a document or electronic record that causes another person harm with the intention to do so or with the knowledge that the information is false will be penalised with up to three years in jail, a fine, or both. This is a bailable offence. This is a bailable offence.
A public servant providing a false document
Section 177 of the Indian Penal Code deals with furnishing false information, stating that-
- Anyone who is bound by law to provide information on any subject to a public official as truthful and who knows the information is false is punishable by simple imprisonment for a time up to six months or by a fine of up to one thousand rupees. This is a bailable offence.
A public servant who makes a false statement under oath
Section 181 of the Indian Penal Code deals with a false statement on oath to public servants, stating that-
- Any person who is legally bound by law to swear under oath, to tell the truth on any matter to a public official or other person authorised by law to administer the oath but knows the oath to be false, can be penalised with up to three years in jail as well as a fine. This is a bailable offence.
Disobeying the order given by a public servant
Section 186 of the Indian Penal Code deals with disobedience to order duly promulgated by a public servant, stating that-
- Any individual who voluntarily prevents a public worker from doing his or her public duties is subject to a three-month jail sentence, a fine up to 500 rupees, or both. This is a bailable offence.
Threatening a public servant
Section 189 of the Indian Penal Code deals with the threat of injury to a public servant, stating that-
- Any person who threatens harm to a public employee or to a person in whom they believe the employee has an interest in order to get the employee to do any act or postpone performing an act related to their job duties can be penalised with up to two years in jail, a fine, or both. This is a bailable offence.
False evidence
Section 191 of the Indian Penal Code deals with giving false evidence, stating that-
- False evidence is defined as any statement that is false and is made by a person who is legally obligated to do so by an oath, an express legal provision, or a legal obligation to make a declaration on any matter. This is a bailable offence.
Threatening a person to provide false evidence
Section 195A of the Indian Penal Code deals with threatening any person to give false evidence, stating that-
- Anyone who threatens someone with injury to that person, reputation, property, or person with the intention of getting them to submit false evidence will be penalised with up to seven years in jail, a fine, or both. This is a bailable offence.
Providing false information
Section 203 of the Indian Penal Code deals with giving false information respecting an offence, stating that-
- Anyone who knows or has cause to suspect that an illegal act has been committed and provides false information about that offence that he knows or believes to be false will face up to two years in prison, a fine, or both. This is a bailable offence.
Fraudulently making false claims
Section 210 of the Indian Penal Code deals with fraudulently making false claims in court, stating that-
- Anyone who fraudulently obtains a decree or order against another person for a sum that is not due, for a larger sum than what is due to which they are not entitled, or who fraudulently causes a decree or order against another person to be executed after it has been satisfied, or who permits any act to be done, shall be punished with up to two years in prison, a fine, or both. This is a bailable offence.
Taking a gift to screen an offender from punishment
Section 213 of the Indian Penal Code deals with taking a gift to screen an offender from punishment, stating that-
- Anyone who agrees to accept, seek, or attempt to get any form of satisfaction for himself or another person faces a fine and a jail sentence of up to three years. This is a bailable offence.
Escaping from confinement or custody
Section 223 of the Indian Penal Code deals with an escape from confinement or custody negligently suffered by a public servant, stating that-
- Any public servant who carelessly allows a person accused of or suspected of committing an offence to escape from imprisonment when they are legally required to do so will face a fine, a two-year jail sentence, or both. This is a bailable offence.
Intentional insult or interruption
Section 228 of the Indian Penal Code deals with intentional insult or interruption to a public servant sitting in a judicial proceeding, stating that-
- Any individual who taunts or disturbs a public official while that official is participating in a judicial hearing may be sentenced to up to six months in jail or a fine of up to Rs. 1,000. This is a bailable offence.
Fraudulent use of a false instrument for weighing
Section 264 of the Indian Penal Code deals with the fraudulent use of a false instrument for weighing, stating that-
- Anyone who knowingly employs a fake instrument for weighing will be sentenced to a year in jail, a fine, or both. This is a bailable offence.
Spreading infectious diseases, which are dangerous to life
Section 269 of the Indian Penal Code deals with negligent acts likely to spread infectious diseases dangerous to life, stating that-
- Any person who commits illegal conduct or acts carelessly and believes or has reason to think that it would likely spread infection of a disease that is hazardous to their lives is subject to a six-month jail sentence, a fine, or both. This is a bailable offence.
Adulteration of food or drink intended for sale
Section 272 of the Indian Penal Code deals with the adulteration of food or drink intended for sale, stating that-
- Any person who adulterates any food or drink in order to pass it off as edible or drinkable while intending to sell it faces up to a 1,000 rupees fine or up to six months in jail. This is a bailable offence.
Sale of an adulterated drug
Section 275 of the Indian Penal Code deals with the sale of an adulterated drug, stating that-
- Any person who sells, exposes for sale, or encourages the use of any drug or medical preparation for medicinal purposes by another person while knowing that it has been altered with to reduce its efficacy, alter its mechanism, or make it noxious is subject to a six-month prison sentence or a fine up to one thousand rupees. This is a bailable offence.
Rash driving or riding in a public place
Section 279 of the Indian Penal Code deals with rash driving or riding in a public way, stating that-
- Any individual who operates a vehicle or uses a public pathway in a rash or negligent manner that endangers human life or causes harm to another person faces up to a 1,000 rupees fine or a six-month jail sentence. This is a bailable offence.
Danger or obstruction in public way or line of navigation
Section 283 of the Indian Penal Code deals with danger or obstruction in public way or line of navigation, stating that-
- Any conduct or failure to take action involving property in their care or control that endangers, obstructs, or injures another person on a public road or during a public navigation will result in a fine of up to 200 rupees. This is a bailable offence.
Negligent offences with the use of fire or combustible matter
Section 285 of the Indian Penal Code deals with a negligent offence with the use of fire or combustible matter, stating that-
- Anyone who uses fire or combustible substances in a dangerous or careless manner that endangers human life or causes harm to another person has a maximum penalty of six months in jail and/or a fine of Rs. 1000, or both.
Trespassing on burial places
Section 297 of the Indian Penal Code deals with trespassing on burial places, stating that-
- Any person who enters a place of worship, a location assigned for the performance of funeral rites, a location used to store the remains of the deceased, or any other location with the intent to offend someone’s feelings, religion, or religion itself, or who offers any violation to a human corpse that disturbs those who have gathered to perform funeral ceremonies, may face up to a year in prison or a fine. This is a bailable offence.
Causing death by negligence
Section 304A of the Indian Penal Code deals with punishment for causing death by negligence, stating that-
- Any individual who kills someone by doing a careless or reckless act that does not constitute culpable homicide is punishable by up to two years in jail, a fine, or both. This is a bailable offence.
Attempting to commit suicide
Section 309 of the Indian Penal Code deals with an attempt to commit suicide, stating that-
- Any individual who makes an attempt to commit suicide or does any action that might represent such an offence will be penalised with up to a year in jail, a fine, or both. This is a bailable offence.
Concealment of birth by secret disposal of the body
Section 318 of the Indian Penal Code deals with concealment of birth by secret disposal of the body, stating that-
- Any person who willfully conceals or makes an effort to hide the birth of a child, whether that kid dies before, after, or during his or her delivery, shall be penalised with up to two years in jail, a fine, or both. This is a bailable offence.
Hurt
Section 323 of the Indian Penal Code deals with causing hurt, stating that-
- Anyone who intentionally hurts someone faces a sentence of up to a year in jail, a fine of up to 1,000 rupees, or both. This is a bailable offence.
Using force to cause hurt or harm to another person
Section 349 of the Indian Penal Code deals with using force, stating that-
- In accordance with this Section, using force on another person involves moving them, bringing anything into touch with their bodies, lifting them with their own strength, or making an animal move or stop moving. This is a bailable offence.
Stalking
Section 354D of the Indian Penal Code deals with stalking, stating that-
- When a man stalks a woman, frequently contacts or tries to contact her for physical interaction while she shows no interest, or
- Monitors how she uses the internet, email, or any other kind of electronic communication, it is punishable by up to three years in prison and a fine. This is a bailable offence.
Kidnapping
Section 363 of the Indian Penal Code deals with punishment for kidnapping, stating that-
- A person who kidnaps someone from their home or from their legal guardianship faces a fine and a sentence of up to seven years in jail. This is a bailable offence.
Cheating
Section 417 of the Indian Penal Code deals with punishment for cheating, stating that-
- When someone cheats, they may be sentenced to up to a year in prison, a fine, or both. This is a bailable offence.
Mischief
Section 426 of the Indian Penal Code deals with punishment for mischief, stating that-
- When someone causes mischief, they may be given a sentence of up to three months in jail, a fine, or both. This is a bailable offence.
Criminal trespass
Section 447 of the Indian Penal Code deals with criminal trespass, stating that-
- When someone engages in criminal trespass, they may get a sentence of up to three months in jail, a fine of up to 500 rupees, or both. This is a bailable offence.
Forgery
Section 465 of the Indian Penal Code deals with forgery, stating that-
- A person who commits forgery can be imprisoned for up to two years, fined, or both. This is a bailable offence.
Falsification of accounts
Section 477A of the Indian Penal Code deals with the falsification of accounts, stating that-
- Anyone who willfully and with the aim to deceive destroys, modifies, mutilates, or falsifies any valuable security or account that belongs to another person while they are clerks, officers, or servants is subject to a seven-year jail sentence, a fine, or both. This is a bailable offence.
Possession of forged currency notes or banknotes
Section 489C of the Indian Penal Code deals with possession of forged currency notes or banknotes, stating that-
- Any person who possesses a fake or counterfeit currency note or banknote in their possession and intends to use it as genuine while knowing or having cause to believe that it is fake or counterfeit is punishable by up to seven years in jail, a fine, or both. This is a bailable offence.
Marrying again when your husband or wife is alive
Section 494 of the Indian Penal Code deals with marrying again during the lifetime of a husband or wife, stating that-
- Any individual whose husband or wife is still alive and who marries in a situation where the marriage is void and invalid while the spouse is still alive will be penalised with up to seven years in jail and a fine. This is a bailable offence.
A marriage ceremony was fraudulently gone through without a lawful marriage
Section 496 of the Indian Penal Code deals with marriage ceremonies fraudulently gone through without a lawful marriage, stating that-
- Any individual who engages in a marriage ceremony dishonestly or with fraudulent purpose while aware that they are not legally married will be penalised with up to seven years in jail or a fine. This is a bailable offence.
Enticing, taking away, or detaining with criminal intent
Section 498 of the Indian Penal Code deals with enticing or taking away, or detaining with criminal intent, stating that-
- Any person who takes or seduces a married woman they know or have reason to believe is the wife of another man, or any person caring for her on that man’s behalf, with the intent that she may engage in illicit sexual relations with anyone, shall be punished with imprisonment for a term that may not exceed two years, a fine, or both. This is a bailable offence.
Defamation
Section 500 of the Indian Penal Code deals with punishment for defamation, stating that-
- Anyone who defames another person faces up to two years in simple imprisonment, a fine, or both. This is a bailable offence.
Criminal intimidation
Section 506 of the Indian Penal Code deals with punishment for criminal intimidation, stating that-
- Criminal intimidation is a crime that carries a punishment of either up to two years in jail, a fine, or both for those who commit it. This is a bailable offence.
Insulting a woman by words or actions
Section 509 of the Indian Penal Code deals with a word, gesture, or act intended to insult the modesty of a woman, stating that-
- Anyone who breaches a woman’s modesty by saying, acting, or showing something with the intent of making her hear what that person says or hears, or by violating her privacy, will be punishable by a term that extends up to a year in prison, a fine, or both. This is a bailable offence.
Misconduct by an intoxicated person in a public place
Section 510 of the Indian Penal Code deals with misconduct in public by a drunken person, stating that-
- Any person who is intoxicated and appears in public, trespasses into another person’s property, or annoys another person will be penalised with either simple imprisonment for a duration of up to twenty-four hours or a fine of up to ten rupees or both. This is a bailable offence.
Applicability of a bailable offence
- A bail application must be presented to the judge or magistrate monitoring the trial. The application for bail should be submitted in the specified format, and the judge or magistrate should be specifically identified.
- The application must also include a list of all the requirements that the accused must meet in order to satisfy the bail bond’s restrictions. The day after the application is filed, it is often listed.
- The application is heard on that day, and the police are required to appear with the accused in court. The magistrate is free to issue any instructions he thinks are right. The accused will have to sign a bail bond if bail is approved.
- Bail bond: Following the execution of the bail bond, the accused is released from custody subject to the bail bond’s provisions. Bail is set at a fair amount. The bail bond will be lost if any of its requirements are not met.
Under what cases can bail be granted
There are a few requirements for a bail bond for an offence that is subject to bail:
- The accused individual is not allowed to leave the state’s jurisdiction without a judge’s or a police officer’s permission.
- The accused criminals must constantly appear in front of the police officials.
- He/she will under no circumstances tamper with the evidence, as determined by the police department over the course of the inquiry.
- Even if the crimes are bailable, the court has the authority to deny the accused person bail.
- It occurs when a person granted bail fails to abide by the bail board’s rules and regulations.
Procedures for a bailable offence
- An individual is arrested and sent to the police station to submit a report. The police station has authority over the area where the suspect lives and is where the suspect is detained.
- In order for the court to grant bail, the accused must complete a form that is included in the Criminal Procedure Code’s first schedule and turn it into the designated authorities.
- The investigating officer of the relevant police station is required to release the accused on bail when the accused provides adequate surety following his or her detention.
- According to Section 436 of the Criminal Procedure Code, bail can be requested as a right and is often granted by the police officer or the court.
Anticipatory bail on a bailable offence
Anticipatory bail is a type of bail that is provided to prevent and restrict the suspect/accused from being arrested by the police, i.e., before the suspect is arrested. The Allahabad High Court has held that a claim for anticipatory bail under Section 438 of the Criminal Procedure Code is not maintainable for any bailable offence grounds. There are certain exceptions for granting anticipatory bail on a bailable offence.
Exceptions:
- If there are sufficient grounds to suspect that the accused did not commit the crime.
- If there are enough grounds, in the perspective of the relevant court, to carry out further investigation.
- If the individual is not charged with a crime punishable by death, life imprisonment, or imprisonment for ten years or more.
Cancellation of bail
Misbehaviour in court
In Madhah Chandra Jena v. State of Orissa, 1988, the Orissa High Court held to cancel the bail granted by the court to an accused individual who had misbehaved. If an accused abuses his liberty by abusing the court that granted him bail, the court has the power to cancel the bail. There is no written or implied provision in the Code of Criminal Procedure prohibiting the cancellation of bail, so the magistrate court to whom a case is moved also has the authority to cancel the bail.
Repeating the same offence
In Aluka Sundar Orewa v. State of Karnataka, 2020, the High Court of Karnataka held that if a person commits the same offence again after receiving bail, the bail would be cancelled and they would be subjected to arrest by the police. If a person commits a bailable offence for the first time and receives bail, and then repeats the same offence after receiving bail, his bail will be cancelled and he will be arrested.
- Section 439(2) and 437(5) of the Criminal Procedure Code
Sections 439(2) and 437(5) of the Criminal Procedure Code both provide for bail cancellation. The bail is cancelled as follows:
- If a person abuses his or her liberty by engaging in similar illegal behaviour; or
- If a person interrupts the investigation’s progress; or
- If someone tries to destroy it with proof or evidence; or
- If a person threatens witnesses or engages in similar behaviour, it obstructs the investigation’s progress; or
- If a person attempts to escape to another country; or
- If a person attempts to leave during the investigation or becomes unreachable to the investigating agency; or
- If a person tries to put himself/herself beyond the reach of his/her surety;
In these cases, bail is revoked for a bailable offence under Sections 439(2) and 437(5) of the CrPC.
Case laws
Vineet Kumar v. State of Himachal Pradesh, (2017)
Facts of the case
In this case, A girl who was travelling to her aunt’s house to use the restroom was kidnapped by the accused and taken to a place 100–150 metres away. She begged the accused to leave her alone, but he threatened to engage in sexual activity with her and attempted to rape her forcibly. Her leg was swollen and bruised. She was then fortunately saved, and the culprit was in police custody. The petitioner pleaded for bail since he had been kept in jail for 9 months after attempting to kidnap the girl.
Judgement of the case
The girl’s kidnapping was not sufficiently supported by the evidence. The court did not see any justification for detaining the petitioner for an indefinite period. There was no one who witnessed the accused kidnapping the girl, and the girl’s family also did not observe anyone kidnapping the girl from her aunt’s home.The Himachal Pradesh High Court decided to grant bail to the petitioner, as well as Rs.20,000 each to supply a fresh bail bond with one surety to satisfy the trial court. If he did not follow the bail bond, then his bail would be cancelled.
Kuldeep Raj v. State of Jammu and Kashmir, (2018)
Facts of the case
In this case, the petitioner was charged with stalking under Section 354 of the Indian Penal Code. He applied for bail and was granted bail by the Judicial Magistrate, but the prosecution filed an application to cancel bail against the petitioner, who was constantly threatening prosecution witnesses that he would forcibly lift and marry her and that if other witnesses objected, he would eliminate them. The magistrate subsequently granted the application and cancelled the petitioner’s bail. The petitioner then proceeded before the 1st Additional Sessions Judge in Jammu. The plea was rejected by the court because it was unmaintainable. The petitioner approached the Jammu and Kashmir High Court to grant bail.
Judgement of the case
The Jammu and Kashmir High Court decided that the Magistrate and the revisional court made a mistake in cancelling the petitioner’s bail. As an outcome, the High Court overturned the revisional court’s decision and granted bail to the petitioner, as well as Rs.20,000 each to supply a fresh bail bond with one surety to satisfy the trial court. If the accused has violated the terms of his bail bond, the court has the power to refuse to release him from prison. However, under certain circumstances, the court may also have the power to revoke the bail if the person goes against the court. The High Court had noted this and made a statement about it.
Gundapuneni Kranthi Kumar v. the State of Telangana, (2022)
Facts of the case
In this case, the petitioner is requesting bail in the event that he will be arrested for a crime under Section 285 of the Indian Penal Code. The offence is punishable up to six months in prison or a fine. The offence involves negligently causing harm or injury by the use of fire or flammable material. The crime is both bailable and cognizable. The accused had been given notice by the police to appear before the police officer under Section 41-A of the Criminal Procedure Code.
Issues involved
The issue that arose was whether bail was granted to the petitioner or not.
Judgement of the case
The Telangana High Court held that anticipatory bail could not be given for any bailable offence. However, the concerned Magistrate Court must grant bail to the petitioner under Section 436 of the Cr. P.C.
Conclusion
A bailable offence that is eligible for bail gives the accused the opportunity to prove his innocence. A judge with jurisdiction over the crime or a police officer holding the accused has the power to give bail. On executing a bail bond, the accused might be freed on bail with or without providing sureties. The terms and conditions of the bail bond include things like the accused are not allowed to leave the country without the court’s or the police officer’s permission. The accused must be present when the case is being investigated or inquired into by the court. The evidence that is given to the police officer throughout the investigation cannot be tampered with by the accused. Even if the offence qualifies for bail, the court has the authority to deny the bond. When the person fails to adhere to the terms of the bail bond, the bond will be canceled. An offence that is eligible for bail deals with these situations.
Frequently Asked Questions (FAQs)
What are bailable offences?
A bailable offence grants bail which allows the accused to establish his innocence. The nature of this is less serious. The crime must have a term of imprisonment of three years in jail in order to qualify for bail, which is allowed by law.
Which section of the Criminal Procedure Code deals with the right to give bail under bailable offences?
A bail bond is mentioned in bailable offences under Section 436 of the Criminal Procedure Code, which deals with the right to grant bail under certain circumstances. If the accused violates the terms of the bail, the court has the authority to revoke it.
Give some examples of bailable offences?
Being a part of an illegal assembly, rioting, carrying a deadly weapon, obtaining punishment for cheating, mischief, forgery, defamation, falsifying accounts, and other offences are some examples of bailable offences.
References
- https://thefactfactor.com/facts/law/criminal_law/crpc/bailable-and-non-bailable-offence/12294/
- https://lawblog4u.in/bailable-and-non-bailable-offences-under-indian-penal-code/
- https://enterslice.com/learning/non-bailable-offences-under-criminal-procedure-code/
- https://www.lawhousekolkata.com/what-is-a-bailable-and-non-bailable-offense-in-india/
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