93. When person accused of non-bailable offence may be released on bail or personal bond

Subject to section 95(1), if any person accused of any non‑bailable offence is arrested or detained without warrant by a police officer, or appears or is brought before a court, the person may be released on bail by a police officer of or above the rank of sergeant or by the court.

Despite subsection (1), the court may at any stage of the proceedings, instead of releasing the accused on bail, release the accused on his or her own personal bond if —

The prosecution may at any stage of the proceedings indicate to the court that it is withdrawing the consent mentioned in subsection (1A)(b), and where the consent is so withdrawn, the court must —

Despite subsection (1), a police officer of or above the rank of sergeant may, instead of releasing the accused on bail, release the accused on his or her own personal bond if the non‑bailable offence for which the accused is being released on personal bond is an offence punishable with imprisonment for not more than 7 years.

To avoid doubt, subsections (1A) and (1C) do not apply where the non‑bailable offence mentioned in those subsections is an offence punishable with imprisonment for more than 7 years due to the application of an enhanced penalty provision under any written law.IllustrationA is charged under section 324 read with section 74A of the Penal Code 1871 for voluntarily causing hurt by dangerous weapons or means to a vulnerable person. As the maximum penalty for an offence under section 324 read with section 74A of the Penal Code 1871 is 14 years’ imprisonment, A is not eligible to be released on his or her own personal bond under this section.

Subject to section 95(1), if, at any stage of an investigation, inquiry, trial or other proceeding under this Code, there are no reasonable grounds for believing that the accused has committed a non‑bailable offence, the police officer or court must release the accused.

Despite subsection (2), if there are grounds for further investigations as to whether the accused has committed some other bailable offence, then, pending the investigations, the accused must be released on bail or, at the discretion of the police officer or court, on his or her own personal bond.

Despite subsections (2) and (3), the court may, instead of releasing the accused on bail or on the accused’s own personal bond, release the accused on bail and on personal bond by requiring the accused to sign a personal bond without sureties, in addition to taking bail from the accused.

Despite subsections (2), (3) and (3A), where there are grounds for further investigations as to whether the accused has committed a bailable offence that is not a fine‑only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court, the court may —

Where —

A police officer or a court releasing any person under this section must record in writing the reasons for so doing.

Any court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit the person to prison.