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Bail

Bail dates back to 399 BC, when Plato attempted to form the first bond to release Socrates. The British circuit courts established a bail system throughout the Middle Ages. The idea of current bail was largely influenced by the regulations governing it in the Middle Ages.

Bail

The Code of Criminal Procedure, 1973 (hence referred to as the "Act") now governs bail. The Act does not define bail specifically, but it does specify what a bailable offense and a non-bailable offense are under Section 2. (a). The Act's bail-related requirements are governed under Section 436-450.

When a person commits a cognizable non-bailable offense—an offense so serious that a police officer can detain him without a warrant or launch an inquiry without a court's approval—the police may take him into custody, and when that time is up, he must be jailed. The accused has a right to be released from such confinement under Sections 437 and 439 of the Criminal Procedure Code. The release of an accused person from custody to assure his appearance at the trial is the essence of a regular bail.

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