# Bail in Non-Bailable Offences: Section 497 CrPC

What the Criminal Procedure Code actually says about bail where the offence is
non-bailable — quoted from the section, not paraphrased.

## 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, subject to exceptions the Court may allow for a person under
> sixteen, a woman, or a sick or infirm person, after notice to the prosecution. (2) Where
> the grounds are insufficient to believe guilt but sufficient for further inquiry, bail may
> follow pending that inquiry. (3) Reasons for a bail order must be recorded in writing. (4)
> Bail pending judgment follows the same standard after trial concludes. (5) A person
> released may be re-arrested and committed to custody by a High Court or Court of Session.
>
> — Criminal Procedure Code, 1898, Chapter XXXIX, Section 497. Retrieved from the corpus
> indexed by FAI Legal Research Assistant. Unverified for currency or amendment — confirm
> against an official or recently updated source 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. Named exceptions exist for a person under sixteen, a woman, or a
sick or infirm person, at the Court's discretion and only after the prosecution has had
notice.

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 — see [Section 498](https://failegal.site/pre-arrest-bail-pakistan).
- Case law construing "reasonable grounds."
- Bail conditions, sureties, and bond amounts.

## Frequently asked

**Is bail a right in a non-bailable offence?** Not automatically — it is discretionary,
constrained by the death/life/ten-year bar in sub-section (1).

**What is the "further inquiry" ground for bail?** Sub-section (2): where the material does
not yet show reasonable grounds to believe the accused committed the offence, but there is
enough for further inquiry, bail may follow pending that inquiry.

- [Pre-arrest bail](https://failegal.site/pre-arrest-bail-pakistan)
- [About](https://failegal.site/about)