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Chapter XXXVIII · Bail

Section 388

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In plain English

A person accused of a non-bailable offence may get bail. Bail is refused if the person is reasonably believed guilty of an offence punishable by death, life imprisonment or up to forty years. The court may still grant bail to those under sixteen years, women, and sick or infirm people. Reasons for granting bail must be written down.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

When any person accused of any non-bailable offence is arrested or detained without warrant by a police officer or appears or is brought before a Court, he may be released on bail by the Officer in charge of the Police District or by that Court, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life or imprisonment for a term which may extend to forty years:

Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail.

Criminal Procedure Code 201

(2)

If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of that officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.

(3)

An officer or a Court releasing any person on bail under subsection (1) or (2) shall record in writing the reasons for so doing.

(4)

If at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the

Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of the offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered.

(5)

Any Court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit him to custody.

*Electronic monitoring requirement for person released on bail

Report

Chapter XXXIX

Special Provisions Relating to Evidence

Chapter XL

Provisions as to Bonds

Chapter XLI

Disposal of Exhibits and of Property the Subject of Offences

Chapter XLII

Transfer of Criminal Cases

Chapter XLIII

Irregularities in Proceedings

Chapter XLIV

Miscellaneous

Chapter V

Chapter V—Abetment

Chapter V

Chapter V—Abetment —(Cont.)

Chapter VI

Chapter Vi—Offences Against the State

Chapter VI

Chapter Vi—Offences Against the State—(Cont.)

Chapter VII

Chapter Vii—Offences Relating to the Armed Forces

Chapter VII

Chapter Vii—Offences Relating to the Armed Forces—(Cont.)

Chapter VIII

Chapter Viii—Offences Against Public Tranquility

Chapter VIII

Chapter Viii—Offences Against Public Tranquility—(Cont.)

Chapter IX

Chapter Ix—Offences by, or Relating to Public Servants

Chapter IX

Chapter Ix—Offences by, or Relating to Public Servants—(Cont.)

Chapter X

Chapter X—Contempts of the Lawful Authority of Public Servants

Chapter X

Chapter X—Contempts of the Lawful Authority of Public Servants—(Cont.)

Chapter XI

Chapter Xi—False Evidence and Offences Against Public Justice

Chapter XII

Chapter Xii—Offences Relating to Coin and Government Stamps

Chapter XII

Chapter Xii—Offences Relating to Coin and Government Stamps—(Cont.)

Chapter XIII

Chapter Xiii—Offences Relating to Weights and Measures

Chapter XIII

Chapter Xiii—Offences Relating to Weights and Measures—(Cont.)

Chapter XIV

Chapter Xiv—Offences Affecting the Public Health, Safety, Convenience,

Chapter XIV

Chapter Xiv—Offences Affecting the Public Health, Safety, Convenience, Decency

Chapter XV

Chapter Xv—Offences Relating to Religion

Chapter XV

Chapter Xv—Offences Relating to Religion—(Cont.)

Chapter XVI

Chapter Xvi—Offences Affecting the Human Body

Chapter XVII

Chapter Xvii—Offences Against Property

Chapter XVIII

Chapter Xviii—Offences Relating to Documents and to Currency Notes

Chapter XIX

Chapter Xix—Criminal Breach of Contracts of Service

Chapter XX

Chapter Xx—Offences Relating to Marriage

Chapter XX

Chapter Xx—Offences Relating to Marriage—(Cont.)

Chapter XXI

Chapter Xxi—Defamation

Chapter XXII

Chapter Xxii—Criminal Intimidation, Insult and Annoyance

Chapter XXII

Chapter Xxii—Criminal Intimidation, Insult and Annoyance—(Cont.)

Schedules