(1) When any person other than a person accused of a 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, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail:
Provided that such officer or Court, if he or it thinks fit, 1 [may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail] from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided.
2[Explanation.--Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso:]
Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 116 3 [or section 446A].
(2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446.
STATE AMENDMENT
Uttar Pradesh
In section 436 of the said Code, in sub-section (1), in the first proviso, for
the word "discharge" the word "release" shall be substituted.
[Vide Uttar Pradesh Act 1 of 1984, s. 10]
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1. Subs. by Act 25 of 2005, s. 35, for certain words (w.e.f. 23-6-2006).
2. Ins. by s. 35, ibid. (w.e.f. 23-6-2006).
3. Ins. by Act 63 of 1980, s. 4 (w.e.f. 23-9-1980).
Code of Criminal Procedure (CrPC)
431 CrPC Money ordered to be paid recoverable as a fine
432 CrPC Power to suspend or remit sentences
433 CrPC Power to commute sentence
433A CrPC Restriction on powers of remission or commutation in certain cases
434 CrPC Concurrent power of Central Government in case of death sentences
435 CrPC State Government to act after consultation with Central Government in certain cases
436 CrPC In what cases bail to be taken
436A CrPC Maximum period for which an undertrial prisoner can be detained
437 CrPC When bail may be taken in case of non-bailable offence
437A CrPC Bail to require accused to appear before next appellate Court
438 CrPC Direction for grant of bail to person apprehending arrest
439 CrPC Special powers of High Court or Court of Session regarding bail