All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

Practice Mode:
3.

When an offence is bailable :

A: A person has no right to be released on bail upon arrest.
B: A person has a right to be released on bail upon arrest.
C: A right to be released is dependent on the exercise of judicial discretion.
D: A person shall be released within 24 hours

The answer is: B

Explanation

The correct option is B: A person has a right to be released on bail upon arrest.

When an offence is bailable, it means that the accused person is entitled to bail as a matter of right, without any prohibition or restriction. According to Section 436 of the Criminal Procedure Code, 1973, when a person accused of a bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a court, he may be released on bail, on executing a bond with or without sureties. The discretion to set the amount of bail rests upon the court or the officer depending on the circumstances. The court or the officer may also refuse to grant bail if the person fails to comply with the conditions of the bond. Bailable offences are those offences which are not very serious or grave in nature and are punishable with imprisonment for less than three years or with fine only. The list of bailable offences is given in the First Schedule of the Criminal Procedure Code, 1973. Some examples of bailable offences are theft, cheating, forgery, rioting, etc.