Under **Section 436 CrPC**, where a person other than a person accused…

Question

Under **Section 436 CrPC**, where a person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer-in-charge of a police station, and is prepared at any time while in custody to give bail:

Accepted Answer

A. {'text': 'Such person shall be released on bail by the police officer or by the court before whom he is produced', 'label': 'A'}

1. Section 436 CrPC creates an **as-of-right bail** for persons arrested for **bailable offences** (i.e., not accused of a non-bailable offence).
2. The lesson notes the police officer or the court may release such person on bail; the court may even discharge him on a bond without sureties if it thinks fit.
3. Continued detention contrary to this section would itself be unlawful.
4. Section 447 addresses the situation of an insolvent or dead surety and provides for fresh security.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 10 (Code of Criminal Procedure, 1973), pp. 244-249._

Answer

{'text': 'Such person shall be detained without bail until the next hearing date fixed by the competent magistrate of the district', 'label': 'B'}

Answer

{'text': 'Such person shall be transferred to the magisterial lock-up irrespective of his willingness or ability to give bail', 'label': 'C'}

Answer

{'text': 'Such person shall be released only on the express order of the Sessions Judge of the district after a full hearing', 'label': 'D'}