How does Section 388 CPC differ from Section 387 on bail discretion?

Question

Accepted Answer

Discretionary Bail Under Section 388 CPC Differs Significantly from the Right to Bail Under Section 387 CPC

Section 388 of the Criminal Procedure Code (CPC) grants a police officer or the Court the discretion to release individuals accused of non-bailable offences on bail, allowing for the imposition of conditions. This contrasts with Section 387 of the CPC, which establishes an accused person's absolute right to bail for bailable offences, precluding the court from imposing any conditions once bail is provided.
Bail for Bailable Offences Under Section 387 CPC

Under Section 387 of the CPC, an accused person charged with a bailable offence is entitled to be released on bail as a matter of right. Once the accused is prepared to provide the required bail, the court possesses no discretion to refuse the bail. Consequently, in such instances, the court lacks the authority to impose any conditions on the bail order.
Bail for Non-Bailable Offences Under Section 388 CPC

In contrast, Section 388 of the CPC pertains to non-bailable offences. This section empowers either a police officer or the Court to exercise discretion in granting bail to an accused person. The presence of this discretionary power implies the ability to attach certain conditions to the bail bond.
Imposition of Conditions on Bail Orders

The distinction in discretion between the two sections directly impacts the ability to impose conditions. For bailable offences under Section 387, where bail is a right and refusal is not an option, imposing conditions is not permissible. However, for non-bailable offences under Section 388, where the court has discretion to grant or refuse bail, this discretion extends to setting conditions as part of the bail arrangement.
Case Law Illustrating Bail Principles

The Supreme Court case of PP v Dato’ Mat Safuan $$1991$$ addressed the law on bail for non-bailable offences. While Indian authorities suggest that discretion to grant bail implies discretion to attach conditions, the judgment clarified that conditions cannot be imposed on bail granted under Section 387 due to the absence of discretion to refuse bail. This principle reinforces that the power to impose conditions is intrinsically linked to the discretionary power to grant bail itself, as provided for in Section 388.

Reading history

Hide →

This history is cleared when the page is closed.

How does Section 388 CPC differ from Section 387 on bail discretion?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends