CrPC Section 64
Detailed Explanation of CrPC Section 64
Section 64 of the Code of Criminal Procedure (CrPC), 1973 deals with the power of a Magistrate or any other authority to release an accused person on bail or bond in certain cases of non-cognizable offenses. It outlines the procedure for granting bail when the offense is non-cognizable and when the accused is not already arrested.
Text of Section 64 (Summary):
"When a person is accused of a non-cognizable offense and is not already in custody, any Magistrate or other authority empowered to take cognizance of such offense may release the accused on bail or on bond, as it thinks fit."
Explanation:
Non-Cognizable Offense:
A non-cognizable offense is generally a minor offense where the police cannot start an investigation without prior approval from a Magistrate.
Examples include simple assault, defamation, public nuisance, and minor traffic violations.
Scope of Section 64:
Section 64 applies when a person is accused of a non-cognizable offense and has not been arrested or taken into custody.
In such cases, the Magistrate or other competent authority has the discretion to release the accused on bail or bond without requiring a formal arrest.
Release on Bail or Bond:
Bail involves the accused giving a surety or security to appear before the court when required.
Bond is a written agreement by the accused to appear in court and comply with any conditions set by the Magistrate.
The authority may impose reasonable conditions to ensure the accused appears for trial.
Purpose of Section 64:
To avoid unnecessary arrests in minor cases.
To ensure the accused is not needlessly detained when the offense is minor and the person poses no risk.
To promote a fair and just criminal process by balancing the rights of the accused and the interests of justice.
Authority to Release:
The power to release on bail or bond lies with:
The Magistrate who is competent to take cognizance of the offense.
Any other authority empowered by law to take cognizance of such offenses.
Practical Implications:
If a person is accused of a minor offense but has not been arrested, the Magistrate can order their release on bail or bond, allowing the case to proceed without detention.
This helps reduce jail overcrowding and prevents unnecessary hardship on the accused.
Relation to Other Sections:
Section 64 complements other provisions dealing with arrest and bail, such as Sections 41 (power of police to arrest) and 437 (bail in non-bailable offenses).
It specifically addresses the situation before arrest in non-cognizable cases.
Summary:
Section 64 allows a Magistrate or authorized authority to release a person accused of a non-cognizable offense on bail or bond without arrest.
Applies only when the accused is not already in custody.
Aims to prevent unnecessary arrests in minor offenses and promote fairness.
The release may be subject to conditions to ensure the accused appears in court.
It helps maintain the balance between efficient law enforcement and the rights of the accused.
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