Criminal Procedure Code · Updated to 1 May 2023 · Chapter XXXVIII · Bail
Section 388A
Feedback & supportWhere a Court has decided to release a person on bail under section 387 or 388, the Court may, on its own discretion, order for an electronic monitoring device to be attached to the person.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
The Court may, with due regard to the nature of the offence and the circumstances of the case as being sufficient to secure the person’s attendance at his trial, order for an electronic monitoring device to be attached to the person in lieu of the execution of a bond.
offence
“offence” means any act or omission made punishable by any law for the time being in force;
The Court shall, before ordering a person to be attached with an electronic monitoring device under subsection (1), give the person and the Public Prosecutor an opportunity to be heard.
*NOTE—Section 388A is not yet in force—see section 17 of the Criminal Procedure Code (Amendment)
Act 2016 [Act A1521].
202
The Court shall not make an order for a person to be attached with an electronic monitoring device under subsection (1) if there is a person (other than the person to be monitored) without whose co-operation it will not be practicable to secure the monitoring.
Notwithstanding subsection (1), the Public Prosecutor may apply to the Court for any person to be so released on bail to be attached with an electronic monitoring device.
Where the Public Prosecutor has made an application under subsection (5), the Court shall, with due regard to the nature of the offence and the circumstances of the case, order for the person to be so attached with an electronic monitoring device in lieu of the execution of a bond.
Any person ordered to be attached with an electronic monitoring device under subsection (6) shall sign Form 55 of the
Second Schedule and deposit the Form with the Court.