CrPC Section 439 — Special powers of High Court or Court of Session regarding bail
CHAPTER XXXIII -- PROVISIONS AS TO BAIL AND BONDS
Criminal
Summary
A High Court or a Sessions Court has the power to order that a person who is accused of an offence and is in custody be released on bail. If the offence is one that falls under a specific category mentioned in another section, the court can also add any conditions it thinks are necessary. These courts can also change or remove any conditions that a Magistrate had set when granting bail.
Before granting bail to someone accused of a serious offence that can only be tried by a Sessions Court, or an offence punishable with life imprisonment, the court must inform the Public Prosecutor about the bail application, unless it is not practical to do so and the court writes down its reasons. For certain serious sexual offences, the court must give the Public Prosecutor notice of the bail application within fifteen days of receiving it.
When a bail application is heard for a person accused of certain sexual offences, the person who reported the crime, or someone they authorize, must be present at the hearing. The High Court or Sessions Court can also order that a person who has been released on bail be arrested and sent back to custody.
Official Text
439. Special powers of High Court or Court of Session regarding bail.—
(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 (45 of 1860), 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.
(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 DB of the Indian Penal Code (45 of 1860).
(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.
Related Provisions
bail
Related Judgments
- UNION OF INDIA v. ASHOK KUMAR SHARMA AND OTHERS — Supreme Court of India (2020)
- SC (2024) Vol.7 p.97 — Supreme Court of India (2024)
- SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
- NARCOTICS CONTROL BUREAU v. KISHAN LAL AND OTHERS JANUARY 29, 1991 A — Supreme Court of India (1991)
- S.C.R. 273 RANJIT SINGH v. STATE OF M.P. AND OTHERS — Supreme Court of India (2013)
- SC (2025) Vol.2 p.1534 — Supreme Court of India (2025)
- S.C.R. 486 SUNDEEP KUMAR BAFNA v. STATE OF MAHARASHTRA & ANR — Supreme Court of India (2014)
- ADDL.) S.C.R. 309 SANJAY CHANDRA v. CBI (Criminal Appeal No. — Supreme Court of India (2011)