Bail in Non-Bailable Offences: Section 497 CrPC

The section, as retrieved

497. When bail may be taken in case of non-bailable offence: (1) When any person accused 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, he may be released on bail but he 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 or imprisonment for ten years: Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail, provided further that a person accused of an offence as aforesaid shall not be released on bail unless the prosecution has been given notice to show cause why he should not be so released. (2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial 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, pending such inquiry, be released on bail. (3) An officer or Court releasing any person on bail under sub-section (1) or (2) shall record in writing the reasons for so doing. (4) If, after the conclusion of trial and before judgment, the Court is of opinion that there are reasonable grounds for believing the accused is not guilty, it shall release the accused on bond pending judgment. (5) A High Court or Court of Session, and in certain cases any other Court, may cause a person released under this section to be re-arrested and committed to custody. Criminal Procedure Code, 1898 — Chapter XXXIX, Section 497. Retrieved from the corpus indexed by FAI Legal Research Assistant.

Retrieved via full-text search of the indexed Criminal Procedure Code 1898. The corpus flags this text as unverified for currency or amendment — see the caution below before relying on it.

What this means

For a non-bailable offence, bail is not automatic and not barred outright — it sits with the police officer or the Court, subject to one hard limit: bail must be refused where there are reasonable grounds to believe the accused is guilty of an offence carrying death, life imprisonment, or ten years. Two named exceptions to that bar exist for a person under sixteen, a woman, or a sick or infirm person, at the Court's discretion, and even then only after the prosecution has had notice and a chance to show cause.

Sub-section (2) is the "further inquiry" ground: where the evidence does not yet clearly support the accusation, bail can follow even in a serious matter, pending completion of that inquiry.

What this page does not cover

• Pre-arrest bail — that is Section 498, on the separate page for the High Court's power to direct bail before arrest.
• Amendments and case law interpreting "reasonable grounds" — a term courts have construed extensively, which this page does not summarize.
• Bail conditions, sureties, and bond amounts, which sit in Section 498 and the surrounding chapter.

Frequently asked

Is bail a right in a non-bailable offence?

Not automatically — it is a matter for the officer or Court's discretion, constrained by the death/life/ten-year bar in sub-section (1). It differs from a bailable offence, where bail is a right rather than a discretion.

What is the "further inquiry" ground for bail?

Sub-section (2): where the material available does not yet show reasonable grounds to believe the accused committed the offence, but there is enough for further inquiry, the accused may be released on bail pending that inquiry.