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Code of Criminal Procedure

(CRPC)

Special powers of High Court or Court of Session regarding bail.

Chapter 33: Provisions As To Bail And Bonds

Section: 439

(1)A High Court or Court of Session may direct -

(a)that any person accused of an offence and in custody, be released on bail, and if the offence is of the nature specified in sub-section (3) of Section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section;

(b)that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified :

Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.[Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application.] [Inserted by Criminal Law (Amendment) Act, 2018 (22 of 2018), dated 11.8.2018.]

(1A)[ The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code.] [Inserted by Criminal Law (Amendment) Act, 2018 (22 of 2018), dated 11.8.2018.]

(2)A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.

MANIPUR.- Same as in Punjab. [Manipur Act 3 of 1983, Section 5, w.e.f. 22nd March, 1983].PUNJAB.- After Section 439 of the Code, the following section shall be inserted, namely :"439-A. Notwithstanding anything contained in this Code, no person. -(a) who, being accused or suspected of committing an offence under any of the following sections, namely, Sections 120-B, 121, 121-A, 122, 123, 124-A, 153-A, 302, 304, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449, and 450 of the Indian Penal Code, Sections 3, 4, 5, and 6 of the Explosive Substances Act, and Sections 25, 26, 27, 28, 29, 30, and 31 of the Arms Act, is arrested or appears or is brought before a Court; or(b) who having any reason to believe that he may be arrested on accusation of committing an offence as specified in Cl. (a), has applied to the High Court or the Court of Sessions for a direction for his release on bail in the event of his arrest,shall be released on bail or, as the case may be, directed to be released on bail, except on one or more of the following grounds, namely :(i) that the Court including the High Court or the Court of Sessions for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in Cl. (a);(ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person;(iii) that the Court including the High Court or the Court of Sessions for reasons to be recorded in writing is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail."TRIPURA.- After Section 439 of the Code, the following section shall be inserted, namely :"439-A. Power to grant bail.- Notwithstanding anything contained in this Code, no person, -(a) who, being accused or suspected of committing an offence under Sections 120-B, 121, 121-A, 122, 123, 124-A, 153-A, 302, 304, 307, 326, 333, 363, 364, 366, 366A, 366-B, 367, 368, 376, 386, 387, 392, 394, 395, 396, 397, 399, 412, 436, 449 and 450 of the Indian Penal Code (No. 45 of 1860), or Sections 25, 26, 27 and 28 of the Arms Act, 1959 (54 of 1959) or Sections 3, 4 and 6 of the Explosive Substances Act, 1908 (Act 6 of 1908) is arrested or appears or is brought before a Court; or(b) who having any reason to believe that he may be arrested on accusation of committing an offence as specified in Cl. (a), has applied to the High Court or the Court of Session for a direction for his release on bail in the event of his arrest,shall be released on bail or, as the case may be, directed to be released on bail, except on one or more of the following grounds, namely :(i) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence as specified in Cl. (a);(ii) that such person is under the age of sixteen years or a woman or any sick or an infirm person;(iii) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail." [Tripura Act 6 of 1992, Section 3, w.e.f. 29th July, 1992].CHANDIGARH.- Same as in Punjab

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