Bail Lawyer in Delhi / India
Under the principle that “No person shall be deprived of his life or personal liberty except according to the procedure established by Law,” the Criminal Procedure Code (CrPC) of 1973 outlines the bail process, though it does not explicitly define “bail.” Bail refers to the process by which an accused individual is released from custody, ensuring their future appearance in court and maintaining their jurisdiction.
Types of Bail
Bail in Bailable Offences (Section 436): Section 436 of the CrPC addresses bail for bailable offences. It establishes that anyone accused of a bailable offence has the right to be released on bail. This section mandates that both police officials and courts must grant bail if the offence is bailable.
Bail in Non-Bailable Offences (Sections 437 & 439): For non-bailable offences, Sections 437 and 439 provide guidelines. A person arrested for a non-bailable offence may be granted bail unless there are reasonable grounds to believe they are guilty of a serious offence, have a prior conviction, or pose a threat of repeating the offence. Special considerations apply for individuals who are under sixteen, women, or those who are sick or infirm.
Factors considered include:
- Evidence of guilt.
- Nature and severity of the offence.
- Potential punishment.
- Risk of absconding.
- The accused’s character and circumstances.
- Likelihood of reoffending.
- Risk of influencing witnesses.
- Impact on justice.