In what cases bail to be taken
AI Assist
Summary
Anyone except a person accused of a non-bailable offence who is arrested without a warrant or brought before a court and is willing to give bail at any time must be released on bail. If the officer or court finds the person indigent and unable to furnish sureties, they shall discharge them on a bond for appearance instead; inability to give a bail bond within a week can be treated as proof of indigence. If the person later fails to comply with bond conditions about time or place of attendance, the court may refuse bail on a subsequent appearance while still enforcing any bond penalties.
Example
Ravi is arrested without a warrant for a bailable offence and tells the officer in charge he will give bail while in custody; the officer must release him on bail. Ravi cannot find a surety and cannot give a bail bond within a week, so the officer treats him as indigent and lets him go on a bond for appearance. If Ravi later misses a court date, the court may refuse bail on his next appearance.
Bare Act
Enacted text(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail:
Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a bond for his appearance as hereinafter provided.
Explanation.-Where a person is unable to give bail bond within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso:
Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 135 or section 492.
(2) Notwithstanding anything in sub-section (1), where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond or bail bond to pay the penalty thereof under section 491.
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