Section 437 CrPC: When bail may be taken in case of non-bailable offence

What Section 437 CrPC Says

437. When bail may be taken in case of non-bailable offence

(1) When any person accused of, or suspected of, the commission of any 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 other than the High Court or Court of session, he may be released on bail, but—

(i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;

(ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years:

Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm:

Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason:

Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court:

Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor.

(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 not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provisions of section 446A and 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) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1), the Court shall impose the conditions,—

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary.

(4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in writing his or its reasons or special reasons for so doing.

(5) Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.

(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.

(7) 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.

Source: Section 437, Code of Criminal Procedure, 1973

Section 437 CrPC in Simple Words

Who Can Use Section 437 CrPC

• Under Section 437(1) of the Code of Criminal Procedure, 1973, an officer in charge of a police station or a court other than the High Court or Court of Session may release on bail a person accused or suspected of a non-bailable offence who is arrested or detained without warrant or appears or is brought before that court, except that the person shall not be released if there appear reasonable grounds for believing that the person has been guilty of an offence punishable with death or imprisonment for life, or if the offence is cognizable and the person was previously convicted of an offence punishable with death, imprisonment for life, or imprisonment for seven years or more, or convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years.
• Under the first proviso to Section 437(1) CrPC, the Court may direct that a person covered by Section 437(1)(i) CrPC or Section 437(1)(ii) CrPC be released on bail if the person is under the age of sixteen years, is a woman, or is sick or infirm, and under the second proviso it may direct release of a person covered by Section 437(1)(ii) CrPC for any other special reason that makes release just and proper. Under the fourth proviso, no person accused of an offence punishable with death, imprisonment for life, or imprisonment for seven years or more shall be released on bail by the Court under Section 437(1) CrPC without giving the Public Prosecutor an opportunity of hearing.
• Under Section 437(2) CrPC, if it appears to the police station officer or the court at any stage of the investigation, inquiry, or trial that there are not reasonable grounds for believing the accused committed a non-bailable offence, but there are sufficient grounds for further inquiry into guilt, the accused shall, subject to Section 446A CrPC and pending that inquiry, be released on bail or, at the discretion of the officer or court, on executing a bond without sureties for appearance.
• When a court releases a person on bail under Section 437(1) CrPC who is accused or suspected of an offence punishable with imprisonment which may extend to seven years or more, or an offence under Chapter VI, Chapter XVI, or Chapter XVII of the Indian Penal Code, or abetment, conspiracy, or attempt to commit such an offence, Section 437(3) CrPC requires the court to impose conditions for bond attendance, not committing a similar offence, and not making any inducement, threat, or promise to anyone acquainted with the facts or tampering with evidence, and Section 437(4) CrPC requires any officer or court granting bail under Section 437(1) CrPC or Section 437(2) CrPC to record reasons or special reasons in writing.
• Under Section 437(5) CrPC, any court that has released a person on bail under Section 437(1) CrPC or Section 437(2) CrPC may direct that the person be arrested and committed to custody if the court considers it necessary to do so.
• Under Section 437(7) CrPC, 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, the court shall release an accused who is in custody on the execution of a bond without sureties for appearance to hear judgment delivered.

Time Limits Under Section 437 CrPC

• Under Section 437(6) of the Code of Criminal Procedure, 1973, if a trial before a Magistrate for a non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, an accused who has remained in custody during the whole sixty-day period shall be released on bail to the satisfaction of the Magistrate, unless the Magistrate records reasons in writing and directs otherwise.Act text: “within a period of sixty days from the first date fixed for taking evidence in the case”

Example of Section 437 CrPC

When Section 437 CrPC Does Not Apply

• Section 437 of the Code of Criminal Procedure, 1973 does not apply where the person is not accused or suspected of the commission of a non-bailable offence.
• Section 437(1) CrPC does not confer power on the High Court or a Court of Session, as it applies only before an officer in charge of a police station or a court other than the High Court or Court of Session.
• Release on bail under Section 437(1)(i) CrPC is barred where there appear reasonable grounds for believing that the accused has been guilty of an offence punishable with death or imprisonment for life, unless the court directs release under the first proviso because the person is under the age of sixteen years, a woman, or sick or infirm.
• Release on bail under Section 437(6) CrPC does not apply to a case that is not triable by a Magistrate.

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