CrPC Section 436
Section 436 of the Criminal Procedure Code (CrPC), 1973 (India):
🔹 Section 436 CrPC – Bail in Bailable Offences
🧾 Text (Simplified Summary):
When a person is accused of a bailable offence and is arrested or detained without a warrant, they have the right to be released on bail.
The police officer or Magistrate shall release the person on bail if they are willing to provide surety or a personal bond.
Key Provisions:
Right to Bail:
In bailable offences, granting bail is a matter of right — not discretion.
The accused must be released on bail if they apply for it and fulfill the conditions (e.g. surety or personal bond).
Who Can Grant Bail:
The police officer at the station or
The Magistrate before whom the accused is produced.
Personal Bond:
If the accused is indigent (i.e., too poor to furnish surety), the Magistrate may release the person on a personal bond without sureties.
Delay in Furnishing Bail:
If the accused fails to furnish bail within a week of arrest, the court shall presume that they are indigent and may grant bail on personal bond.
Exception:
If the accused fails to comply with bail conditions or has previously been declared an absconder, bail may be denied.
Purpose:
To protect the personal liberty of individuals accused of less serious crimes.
To prevent unnecessary detention of people before trial in cases where the law allows bail.
What is a Bailable Offence?
An offence where bail is a right, usually less serious, with punishment not exceeding 3 years (e.g., causing hurt, public nuisance, defamation).
Defined in the First Schedule of CrPC.
✅ Example:
If a person is arrested for causing hurt (Section 323 IPC – bailable offence):
The police must inform them of their right to bail.
If the person is ready to give bail (or is indigent), they must be released.
⚖️ Landmark Judgments:
Hussainara Khatoon v. State of Bihar (1979):
The Supreme Court ruled that detaining undertrial prisoners for long periods in petty offences violates their fundamental rights.
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