THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
497. When bail may be taken in cases of non-bailable offence. (1) When any person accused of non-bailable offence is arrested or detained without warrant by an officer-in-charge of a Police station, or appears or is brought before a Court, he may be released on bail, 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 [1][imprisonment for life or imprisonment for ten years]:
Provided that the Court may direct that any person under the age of
sixteen years [2][or
any woman] or any sick or infirm person accused of such an offence be released
on bail:
[3][Second, third and
fourth provisos as added by Ordinance V of 2010 omitted by Act VIII of 2011.]
Provided further that a person accused of an offence as aforesaid shall
not be released on bail unless the prosecution has been given notice to
show-cause why he should not be so released [4][:]
[5][Provided further
that the Court shall, except where it is of the opinion that the delay in the trial
of the accused has been occasioned by an act or omission of the accused or any
other person acting on his behalf, direct that any person shall be released on
bail--
(a) who, being accused of any
offence not punishable with death, has been detained for such offence for a
continuous period exceeding one year or in case of a woman exceeding six months
and whose trial for such offence has not concluded; or
(b) Who, being accused of an
offence punishable with death, has been detained for such offence for a
continuous period exceeding two years and in case of a woman exceeding one year
and whose trial for such offence has not concluded:
Provided further
that the provisions of the foregoing proviso shall not apply to a previously
convicted offender for an offence punishable with death or imprisonment for
life or to a person who, in the opinion of the Court, is a hardened, desperate
or dangerous criminal or is accused of an act of terrorism punishable with
death or imprisonment for life.]
(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 that there
are sufficient grounds for further inquiry into his guilty, the accused shall,
pending such inquiry, be released on bail, or, at the discretion of such
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 sub-section (1) or
sub-section (2) shall recording writing his or its 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 any such 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) A
High Court or Court of Session and, in the case of a person released by itself,
any other Curt may cause any person who has been released under this section to
be arrested and may commit him to custody.
[1]. Substituted
by Act, XXV of 1974, S. 18(i).
[2]. Inserted
by Code of Criminal Procedure (Amendment) Act, VIII of 2011, dated 21.4.2011.
[3]. Omitted
by Code of Criminal Procedure (Amendment) Act, VIII of 2011, dated 21.4.2011.
[4]. Substituted
by Act, VIII of 2011, dated 21.4.2011.
[5]. Added
by Act, VIII of 2011, dated 21.4.2011.