CrPC Section 437
Section 437 of the Criminal Procedure Code (CrPC), 1973):
⚖️ Section 437 CrPC – Bail in Non-Bailable Offences
This section governs when a person accused of a non-bailable offence (i.e., an offence for which bail is not a right) may be granted bail by a Magistrate.
🔍 Key Provisions of Section 437:
✅ When can bail be granted?
Any person accused of a non-bailable offence and arrested or detained without a warrant may be released on bail by a Magistrate, except:
❌ Bail cannot be granted if:
There are reasonable grounds to believe the person is guilty of an offence punishable with death or life imprisonment, unless the person is:
Under the age of 16,
A woman,
Sick or infirm.
The offence is cognizable and the accused has previous convictions of serious crimes.
📌 Important Safeguards & Conditions:
The court may impose conditions on granting bail to ensure:
The accused appears at trial,
Does not tamper with evidence,
Does not commit another offence while on bail.
If at any stage it appears that the accused has misused bail, the court may cancel the bail.
🧑⚖️ Who has the authority under this section?
Only a Magistrate (not a police officer) can grant bail under Section 437 in non-bailable offences.
For more serious offences (e.g., punishable with life imprisonment or death), generally only the Sessions Court or High Court can grant bail under Section 439 CrPC.
🔎 Purpose of Section 437:
Balances individual liberty with public interest and safety.
Ensures judicial oversight in the case of serious criminal allegations.
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