Section 170
Bail in bailable offences
Processes to Compel Appearance
Plain English Explanation
In bailable offences, bail is a RIGHT of the accused. The police or court MUST release them on bail when they offer it — there is no discretion. They can also be released on a personal bond (without a surety/guarantor). If someone cannot furnish bail within a week, they may be treated as an indigent person and entitled to bail under Section 479 (undertrial bail provision).
Legal Text
Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 170
(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, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:
Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 116 or section 465.
(2) 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 purpose of sub-section (1) of section 479.
Keywords
bail in bailable offencesbail as rightpersonal bondsuretyindigent personpolice bail
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