CrPC Section 436 — In what cases bail to be taken

CHAPTER XXXIII PROVISIONS AS TO BAIL AND BONDS

General

Summary

Sub-section (1) applies to a person who is not accused of a non-bailable offence and is arrested or detained without a warrant by the officer in charge of a police station, or who appears or is brought before a Court. If the person is prepared to give bail while in that officer’s custody or at any stage of the Court proceedings, the person must be released on bail. The officer or Court may instead release the person on a bond without sureties for the person’s appearance. It must do so if the person is indigent and unable to provide a surety. If a person cannot give bail within a week after arrest, that is sufficient ground for the officer or Court to presume that the person is indigent for this purpose. This sub-section does not affect sub-section (3) of section 116 or section 446A.

Sub-section (2) allows the Court to refuse bail when, on a later occasion in the same case, a person appears before it or is brought in custody after failing to comply with the bail-bond conditions about the time and place of attendance. This refusal does not affect the Court’s power to require anyone bound by the bond to pay its penalty under section 446.

Official Text

(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. 4[

Sections referred to

Referred to by

Related Judgments

  • RASIKLAL vs KLSORE — Supreme Court of India (2009)
  • BAIL APPLICATION NO. 655 OF 2025; Prashant Sakharam Atre vs State of Maharashtra & Anr — Bombay High Court (Mumbai Principal Seat) (2025)
  • Sumit Suresh More vs The State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2024)
  • MOHD. TAHIR HUSSAIN vs STATE OF NCT OF DELHI — Supreme Court of India (2025)
  • OM PRAKASH & ANR. vs UNION OF INDIA & ANR — Supreme Court of India (2011)

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