Amendment status not verified — confirm the current text below against the official source.
Special powers of High Court or Court of Session regarding bail.- (1) A High Court or Court of Session may direct- (a) th~t any ~erson accuse~ of an offence and in custody be released on ball, and If the offence IS of the nahtre specified in sub-section (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; (b) that any condition imposed by a Magistrate when releasing any person on bail be set· aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice. (2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody. ST ATE AMENDMENTS Section 439A /'Punjab and Union Territory of Chandigarh: After section 439, insert the following section, namely:- "439A. Power to grallt bllil.-Notwithstanding anything contained in this Code, no person- (a) who, being accused or suspected of committing an offence under any of the following sections, namely-Sections 120B, 121, 121A, 122, 123, 124A, 153A, 302,304, 307, 326,333, 363,364,365,367, 368, 392, 394, 395, 396, 399, 412,431, 436, 449 and 450 of the Indian Penal Code, 1860, sections 3, 4, 5, and 6 of the Explosive Substances Act, 1908, and sections 25, 26, 27,28,29,30 and. 31,of the Arms Act 1959 is arrested or appears or is brought before a Court, 01 (b) ." b r that he may be arrested on an accusation of who, havmg any rea sop to e ,I~ve , lied to the High Court committing an offence as speClfled,m claus: (a), has app b '1 ' the event of his or the Court of Session for 11 directIOn for hiS release on al m arrest, b '1 b directed to be released on aI, shall be released on bailor, as the case may e, , except on one or more of the following grounds, namely,-, . , " h C t r the Court of SessIOn for reilsons (I) that the Court includ~~g t~e HI!? . ~u~ 0 there are reilsonable grounds for to be recorded in wntmg I.S satlsfle'l t a/ ff 'nee specified in cbuse (a); believing thilt such person IS not gUl ty a any a era sick or (1"1) f . t 'n years or a woman 0 , , that such person is under the age 0 SIX CC ' an infirm person; Scanned bv CamS canner The Code of Criminal Procedure. 1973 [Sec. 439 (iii) that th" Court includi ng the High COllrt o r the COllrt of Session fo r to be rL'cordcd in I'Hiting is sa tisfied that there <He exceptional and s:~as()ns ground, to rl'It'.l' l' nr d irect th" t relC<lsl' of thl! accused on bail" 1(lent [\lid,' Puni<lb Act 22 of 1983. sec. II (lV.e.r. 27-6-1983).) rripllr~: