# Which bail does he need?

> A one-page map of sections 496, 497 and 498 CrPC: bail before arrest (show mala fide), bail as a right in bailable cases, and the court's discretion in non-bailable ones, with the exceptions for women, children, the sick and long delays.

- Topic: Criminal law
- For: Citizens
- A 11-slide carousel: https://failegal.site/media/which-bail-does-he-need-bailmap
- Published by FAI Legal on 2026-11-08

## Start here.

One question decides the route.

## Not arrested yet.

High Court or Court of Session. Section 498.

- **The court** High Court or Court of Session.
- **The test** Show the arrest is planned to harm you: mala fide.
- **Supreme Court of Pakistan** Crl. P. 275 of 2021, 17 Nov 2021.

## A dowry decree. Then an FIR.

Supreme Court of Pakistan, Crl. P. 119-L of 2022, 21 Feb 2023.

- **The decree** A sister wins back her dowry articles.
- **The FIR** Her husband names her brother for theft, and hides the decree.
- **The result** Mala fide shown. Bail before arrest confirmed.

## Arrested. Now what?

Check Schedule II of the CrPC: bailable or not?

## Bailable: a right.

Section 496, CrPC.

> "When any person other than a person accused of a non-bailable offence is arrested or detained without warrant ... and is prepared at any time while in the custody of such officer or at any stage of the proceedings, before such Court to give bail, such person shall be released on bail." (Code of Criminal Procedure 1898 · s.496)

## Non-bailable: the big test.

Section 497(1).

## Even then: the exceptions.

Section 497, provisos and 497(2).

- **Under 16, a woman, sick or infirm** The court may grant bail.
- **Held too long** 1 year without the trial ending (a woman 6 months). Death cases: 2 years (a woman 1 year).
- **Not if** The delay is his own doing, or he is a past convict in death or life cases.
- **Further inquiry** No reasonable grounds yet: bail, s.497(2).

## The whole map, one slide.

The slide to keep.

- **Not arrested** s.498: High Court or Sessions. Show mala fide.
- **Bailable** s.496: a right.
- **Non-bailable** s.497: the court decides. Death, life or 10 years is the hard line.
- **A long wait** s.497 proviso: bail after the time limits.

## Someone arrested?

Ask FAI which section fits.

- **My brother was arrested under section 380 PPC. Is it bailable?**
- **What must I show for pre-arrest bail under section 498?**

## Sources

- Code of Criminal Procedure 1898 · s.496: In what cases bail to be taken

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Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review.

FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.