Criminal Procedure Code · Updated to 1 May 2023 · Chapter XXXVIII · Bail
387. When person may be released on bail
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A person arrested or held without a warrant, or brought before a court, must be released on bail if ready to give it. This does not apply to a person accused of a non-bailable offence. Instead of bail, the police or court may release the person on a bond to appear, without sureties.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by a police officer or appears or is brought before a Court and is prepared at any time while in the custody of the officer or at any stage of the proceedings before the Court to give bail, that person shall be released on bail by any police officer in charge of a police station or by any police officer not under the rank of Corporal or by that Court.
bailable offence
“bailable offence” means an offence shown as bailable in the First Schedule or which is made bailable by any other law for the time being in force and “non-bailable offence” means any other offence;
The police officer or the Court, if he or it thinks fit, may instead of taking bail from that person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
When person accused of non-bailable offence may be released on bail