What is Bail?
In India, bail is governed under the Code of Criminal Procedure, 1973. The CrPC is a comprehensive statute that oversees the methods and processes of criminal proceedings in India, including provisions for bail. A person arrested for a non-bailable offense may seek bail under the Criminal Procedure Code (CrPC). Bail is issued at the court’s discretion, depending on considerations such as the gravity of the conduct, the possibility of the prisoner fleeing, and the defendant’s criminal history. Sections 437 and 439 of the CrPC include specific provisions for providing bail for non-bailable offenses. Section 436 of the Criminal Procedure Code addresses the granting of bail for bailable offenses. Furthermore, Article 21 of the Indian Constitution ensures the “right to life and personal liberty” and includes the right to bail as a basic right.
Key Features of Bail:
- Bail is an arrangement in which the person under indictment offers a written assurance to the judicial authorities that he or she will appear in court until the matter is resolved and will follow the terms and conditions of the agreement.
- A set quantity is required to be paid as security for bail, which is restored to the individual if he strictly adheres to the requirements and forfeited if the person fails to comply with the conditions established in the agreement without justifiable cause.
- An anticipatory bail is given by the Session Court or High Court to an accused who believes he or she is about to be arrested for committing a non-bailable offense but has not yet been apprehended by police.
Difference between Bond and Bail
Bonds and Bail are legal mechanisms used in criminal justice systems. A bond is a sort of surety a bail bond business posts to ensure the defendant’s release. In contrast, bail is the money given to the court to ensure the defendant appears for all scheduled hearings and trials.
Table of Content
- What is Bond?
- What is Bail?
- Difference Between Bond and Bail
- Conclusion
- Difference Between Bond and Bail- FAQs