Generally, offences are classified into two categories bailable and non-bailable offences. Section 2(A) of the code of criminal procedure defines the bailable offence. If any person accused of a bailable offence is arrested or detained without warrant, he has right to be released on bail on the other hand if the offence is non-bailable his release is left to the direction of the authorities concerned.
What is Bail -
Dictionary meaning of bail is the release by the police, magistrate Court or crown Court of a person held in legal custudy while awaiting trial or appealing against a criminal conviction. Conditions may be imposed on a person released on bail by the police. A person granted bail undertakes to pay a specified sum to the court, if he fails to appear on the date set by the court. This is also known as Bail in one's own recognizance. Often the court also requires guarantors (known as securities) to undertake to produce the accused or forfeit the some fixed by the court if they fail to do so.
Judges have wide discretionary powers as to whether or not bail should be granted and for what sum.
A person is presumed to be innocent until the guilt is proved beyond a reasonable doubt. If an accused person is arrested and detained, he would be subjected to the psychological and physical deprivations of jail life. At the same time, the burden of his detention frequently falls heavily on the Innocent members of his family. therefore the law of bells provides a system which enables to release on bail maximum number of accused persons without seriously endangering this objective of arrest and trial.
Constitutional principal regarding bail -
Personal liberty is too precious a value of our constitutional system recognised under article 21 of the Indian Constitution.
As per article 21 of the Indian Constitution, no person shall be deprived of his life for personal liberty except according to the procedure established by law.
According to Article 19 of the Indian Constitution, all citizens shall have the right to move freely throughout the territory of India.
Article 14 of the Indian Constitution provides that the state shall not deny to any person equality before the law the equal protection of the laws within the territories of India.
Bail means security with securities. Bail can be claimed as of right by an accused person in all bailable offence as provided by the code of criminal procedure.
The code of criminal procedure provides the provisions to release the accused on bail except in case of ideas of ulcers where the refusal of a release on bail is fair just and reasonable.
Difference between bailable and non-bailable offences -
According to the code of criminal procedure bailable offence means an offence which is shown as bailable in the first schedule for which is made available by any other law for the time being in force;
- Non-bailable offence means any other offices.
- As a general proposition, Serious offenses are considered as non-bailable and other as bailable.
- The code of criminal procedure has not given any criterion to determine whether any particular offence is bailable or non-bailable.
- It all depends upon whether it has been shown as bailable or non-bailable in the first schedule of the code of criminal procedure.
- According to the first schedule of offences under laws other than the Indian Penal Code which are punishable with imprisonment for three years or more have been considered as non-bailable and others which are punishable with less than 3 years imprisonment are considered as a bailable offence.
- If a person accused of a bailable offence is arrested or detained without warrant he has a right to be released on bail. if the offence is non-bailable hit release is left to the direction of the authorities concerned.
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