CrPC Section 267
🔹 Section 267 CrPC: Power of Court to Direct Release of Accused on Bail or Bond
🧾 Text (Paraphrased):
When an accused person appears before the court and is prepared to give bail or bond, the court may release the accused on bail or bond instead of committing the case for trial.
This section applies when the offense is bailable or the court thinks it proper to release the accused on bail or bond.
The court can do this instead of sending the accused to a higher court for trial.
📝 What Does Section 267 CrPC Mean?
When is it used?
When a case is in a summary trial or a trial before a Magistrate and the accused appears ready to give bail or bond, the court can release the accused right then and there without sending the accused for further trial.
Why this section?
To avoid unnecessary custody of the accused if bail can be safely granted, promoting fairness and efficiency in the criminal justice system.
Scope:
It primarily applies when the offense is bailable, but courts may use discretion even in some non-bailable cases if deemed proper.
⚖️ Key Points:
The accused must be present before the court.
The accused should offer bail or bond as required by the nature of the offense.
The court can release the accused on bail or bond instead of committing the case to trial immediately.
This provision allows the court to exercise discretion to avoid unnecessary detention or delay.
🔍 How does this differ from Section 437 or 439 CrPC?
Section 437 CrPC deals with grant of bail by courts in bailable and non-bailable offenses, usually after investigation or charge sheet is filed.
Section 267 CrPC applies at the stage when the accused first appears before the court for trial or commitment.
Section 267 is more about procedural release at the start of the trial, while Section 437 is about bail during the ongoing trial.
🔚 Summary:
Section 267 CrPC empowers courts to release an accused on bail or bond at the initial stage when the accused appears before the court, especially if the offense is bailable.
It helps in avoiding unnecessary detention and speeds up the legal process by allowing the accused to be at liberty while the case proceeds.
RELATED Blog
0 comments