Bail – Basic Concepts (Section 496)

Chapter XXXIX (Ss. 496–502) deals with bail.

• Section 496: Bail may be sought when an accused is detained without warrant by the officer in charge of a police station or is arrested/detained in a non-bailable offence appearing before Court (Both scenarios covered).
• Magistrate's power without application: A Magistrate is empowered to release an accused on bail even without an application, in bailable offences.
• Right vs concession: In bailable offences, an accused is entitled to bail as a matter of right.
• Burden of proof: Show cause has to be given by the Prosecution as to why the accused should not be released.