Section 436
Section 436 of the Code of Criminal Procedure Act. 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 befor
(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, [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[436A. Maximum period for which an undertrial prisoner can be detained .- Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:
Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties:
Provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.
Explanation .- In computing the period of detention under this section for granting bail, the period of detention 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). 4. Ins. by Act 25 of 2005, s. 36 (w.e.f. 23-6-2006). passed due to delay in proceeding caused by the accused shall be excluded.]
Section 436, The Code of Criminal Procedure Act (Act 2 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 2
Questions about Section 436
How do I find court cases under Section 436 of the Code of Criminal Procedure Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code Criminal Procedure Act 436, section 436 Code Criminal Procedure Act, section 436 of the Code of Criminal Procedure Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 436 of the Code of Criminal Procedure Act, and has it changed?
Its own text turns on section 116 (Inquiry as to truth of information), section 446 (Procedure when bond has been forfeited), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When was the Code of Criminal Procedure Act enacted?
Code of Criminal Procedure Act was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.
Other sections of this Act
- 484. Repeal and savings25553 words
- 320. Compounding of offences1305 words
- 164. Recording of confessions and statements1142 words
- 167. Procedure when investigation cannot be completed in twenty-four hours1114 words
- 437. When bail may be taken in case of non-bailable offence998 words
- 220. Trial for more than one offence960 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/aedad03b-d75d-4ad4-8833-2e467cc050cc.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/aa576da2-2e5f-4165-923b-39fc1a0f416b/content). This page is not a substitute for legal advice.