Bail in Bailable Offences — Bail as a Right
Bail in bailable offences is a right — police and courts must release on bail if accused is ready to furnish
Legal Commentary
Explanation
Section 436 establishes the most fundamental principle of bail law: in bailable offences, bail is not discretionary — it is an absolute right. The police officer or court has no power to refuse bail to a person accused of a bailable offence who is willing to furnish the required bail bond. The only question is the terms — the bail amount must be reasonable, not so high as to effectively deny bail. Section 436A (added 2005) addresses the under-trial crisis: any person who has been in detention for half the maximum sentence prescribed for the offence must be released on bail — this is a further default bail right beyond the 60/90-day rule in Section 167. If a person is accused of an offence carrying maximum 10 years, and they have been in custody for 5 years without trial concluding, they must be released on bail under Section 436A. BNSS Section 478 adds a new protection for poor under-trials: if a person accused of a bailable offence cannot furnish bail for 7 days, the court must release them on personal bond — preventing poverty from becoming a reason for continued detention in bailable cases.