Does Section 388 CPC allow for bail conditions on non-bailable offences?

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Section 388 of the Criminal Procedure Code permits the imposition of bail conditions for non-bailable offences.

The Criminal Procedure Code (CPC) differentiates between bailable and non-bailable offences regarding bail. Section 388 of the CPC specifically addresses the circumstances under which a police officer or the Court may exercise discretion to grant bail to individuals accused of non-bailable offences. Indian legal authorities, as referenced in judicial interpretations, favour the view that where discretion exists to grant or refuse bail, this discretion inherently includes the power to impose certain conditions.
Imposition of Conditions in Bail Bonds

Conditions can be incorporated into a bail bond issued under Section 388 of the Criminal Procedure Code. This section provides the legal framework for granting bail in cases where the offence is not bailable, allowing for judicial discretion. The ability to attach conditions to bail in such instances is understood to be an implicit aspect of this discretionary power.
Distinction from Bailable Offences

In contrast, conditions cannot be imposed on bail orders granted under Section 387 of the Criminal Procedure Code, which pertains to bailable offences. For bailable offences, an accused person is entitled to bail as a matter of right once they are prepared to provide the required bail. In situations where there is no discretion to refuse bail, the power to impose conditions does not arise.
Judicial Interpretation and Practice

The Supreme Court case of PP v Dato’ Mat Safuan [1991] provided an occasion for the apex court to elaborate on bail laws. The judgment indicated that while specific provisions for imposing conditions might not be explicit in both sections, the discretionary nature of bail for non-bailable offences under Section 388 implies the authority to set conditions. This contrasts with bailable offences under Section 387, where bail is a right and thus, no conditions can be attached.

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Does Section 388 CPC allow for bail conditions on non-bailable offences?

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