Criminal Procedure Code · Updated to 1 May 2023 · Chapter XXXVIII · Bail
Section 388
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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.
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:
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;
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.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
Criminal Procedure Code 201
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.
inquiry
“inquiry” includes every inquiry conducted under this Code before a Magistrate;
An officer or a Court releasing any person on bail under subsection (1) or (2) shall record in writing the reasons for so doing.
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.
offence
“offence” means any act or omission made punishable by any law for the time being in force;
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