CHAPTER XXXIX
OF BAIL
496. In what cases bail to be taken. When any person other than a person accused of a nonbailable
offence is arrested or detained without warrant by an officer incharge of a policestation, 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 proceedings 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, instead of taking bail from such person, discharge him on his
executing a bond without sureties for his appearance as hereinafter provided :
[Provided, further, that nothing in this section shall be deemed to affect the provisions of section 107,
subsection (4), or section 117, subsection (3).]
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497. When bail may be taken in case of nonbailable offence.(1) When any person accused of any
nonbailable offence is arrested or detained without warrant by an officer in charge of a police station, or
appears or is brought before a Court, he may be released on bail, but he shall not be so released if there
appear reasonable grounds for believing that he has been guilty of 2[an offence punishable with death or
3
[imprisonment for life or imprisonment for ten years]]:
4[Provided that the Court may direct that any person under the age of sixteen years 5[or any woman] or
any sick or infirm person accused of such an offence be released on bail [ : ]6
Provided further that where a woman accused of an offence is refused bail under the foregoing proviso,
she shall be released on bail if she has been detained for a continuous period of six months and whose trial
for such offence has not been concluded, unless the court is of the opinion that the delay in the trial of the
accused has been occasioned by an act or omission of the accused or any other person acting on her behalf.
[Provided further that the Court shall, except where it is of the opinion that the delay in the trial of the
accused has been occasioned by an act or omission of the accused or any other person acting on his behalf,
direct that any person shall be released on bail—
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(a) Who, being accused of any offence not punishable with death, has been detained for such
offence for a continuous period exceeding one year or in case of a woman exceeding six months
and whose trial for such offence has not concluded; or
(b) Who, being accused of an offence punishable with death, has been detained for such offence for
a continuous period exceeding two years and in case of woman exceeding one year and whose
tiral for such offence has not concluded:
Provided further that the provisions of the foregoing proviso shall not apply to a previously convicted
offender for an offence punishable with death or imprisonment for life or to a person who, in the opinion of
the court, is a hardened, desperate or dangerous criminal or is accused of an act of terrorism punishable with
death or imprisonment for life.].
1 Proviso ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 135.
2 Subs. ibid., s. 136, for “the offence of which he is accused”.
3 Subs. by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s.2 and Sch., for “transportation for life”.
4 Proviso and subsections (3) and (4) ins. by Act 18 of 1923, s. 135.
5 Ins., omitted and added by the Act VIII of 2011, s. 3.
6 Subs. by Act 25 of 1974, s.2 and Sch., for fullstop
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