Criminal Procedure Code 2010 · 2020 Revised Edition · Part 6 · Arrest and Bail and Processes to Compel Appearance
92. When person must normally be released on bail or personal bond, or on both
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A person held without a warrant or brought before a court must be released on bail if ready to give it, unless the offence is non-bailable. The police or court may instead release the person on a personal bond without sureties. A court may refuse release, except for fine-only offences, if it believes the person will not attend court.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Last amended by an amending law of 2019. 2 amendments in all.
When any person, except a person accused of a non‑bailable offence —
bailable offence
“bailable offence” means an offence shown as bailable in the fifth column of the First Schedule or which is made bailable by any other written law, and “non‑bailable offence” means any offence other than a bailable offence;
is arrested or detained without warrant by a police officer, or appears or is brought before a court; and
is prepared to give bail at any time while in the police officer’s custody or at any stage of the proceedings before the court,the person must be released on bail by a police officer in cases determined by the Commissioner of Police or by that court.
Despite subsection (1) —
the police officer or the court may, instead of taking bail from the person, release the person if the person signs a personal bond without sureties; and
the court may, instead of releasing the person on bail, release the person on bail and on personal bond by requiring the person to sign a personal bond without sureties, in addition to taking bail from the person.
Despite subsections (1) and (2), where the person is accused of an offence that is not a fine-only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the person, if released, will not surrender to custody, be available for investigations or attend court, the court may order as follows:
if the person is arrested or detained without warrant by a police officer — order the police officer not to release the person on bail or on personal bond;
if the person appears or is brought before the court — refuse to release the person, whether on bail, on personal bond, or on bail and on personal bond.
Where —
a State Court orders the release of a person under this section on bail, on personal bond, or on bail and on personal bond; and
the prosecution applies to the State Court to stay execution on the order pending a review of the order by the General Division of the High Court, the State Court may stay execution on the order pending a review of the order.