Criminal procedure bail
What is a 'bail' under the Criminal Procedure Code?
The term ‘Bail’ has not been defined under the Criminal Procedure Code, 1973
Only the term ‘Bailable Offence’ and ‘Non-Bailable Offence’ has been defined under Section 2 (a) of Cr
PC
The provisions relating to bail and bail bonds are mentioned under Section 436-450 of the Criminal Procedure Code
What is a normal bail?
The accused has the right to be freed from such detention and be granted bail under sections 437 and 439 of the Criminal Procedure Code
Henceforth, a normal bail is the release of an accused under trial from the prison in order to guarantee his appearance during the court proceedings
What is the purpose of bail?
Today, the law of bail, as outlined in the Criminal Code, has three main purposes: to ensure those charged with an offence appear in court when required; to maintain public safety by assessing and managing any potential risks if an accused person is released; and to maintain the public's confidence in the justice system
Remain in jail until the charges are resolved at trial Arrange for a bail bond Pay the bail amount in full until the case is resolved In the last instance, courts in some jurisdictions accept title to a home or other collateral of value in lieu of cash.
Process of bail
- Bail application When the person is convicted of a crime, he has a right to apply for bail. ...
In order to get bail , the following procedure must be followed:
- First, the accused person or their advocate must file a bail application in the court having jurisdiction over the matter. ...
More items
bail, procedure by which a judge or magistrate sets at liberty one who has been arrested or imprisoned, upon receipt of security to ensure the released prisoner’s later appearance in court for further proceedings.A criminal defendant may be ordered to pay bail before being released from custody before their trial. The purpose of bail in a criminal case is to ensure the accused shows up for trial. A
judge or other court officer sets the amount and conditions of bail. In theory, bail is not intended to be a pre-trial punishment or a fine.,Bail is a term used to
enunciate the temporary release of an accused person charged with a crime
Under Indian criminal law, there is a provision for anticipatory bail under Section 438(1) of the Criminal Procedure Code.
Law Commission of India in its 41st report recommended to incorporate this provision in procedure code.
This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
Conditional release of a defendant with the promise to appear in court
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process.
Bail is the conditional release of a defendant with the promise to appear in court when required.
In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention.
If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear.
If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.
Bail in the United Kingdom is the practice of releasing individuals from remand subject to certain conditions which are designed to enable criminal justice outcomes, primarily trials and police investigations, to be completed efficiently and effectively.
The right to bail is guaranteed in a wide range of contexts but is not absolute.
The legal systems of England and Wales, Northern Ireland and of Scotland each deal with bail in similar but distinct ways.
Bail can be granted by the courts, the police and certain other criminal justice authorities including the Serious Fraud Office (SFO) and Financial Conduct Authority (FCA).
