CrPC Section 358
CrPC Section 358 details the procedure for release of accused on bail or bond after arrest or detention.
CrPC Section 358 provides the legal framework for releasing an accused person on bail or bond after arrest or detention. It ensures that individuals are not unnecessarily kept in custody and outlines the conditions under which release is permissible. Understanding this section helps citizens know their rights regarding bail and the procedural safeguards involved.
This section plays a crucial role in balancing the need for public safety with the personal liberty of the accused. It guides courts and police on how to handle bail applications and the issuance of bonds, promoting fairness and preventing arbitrary detention.
CrPC Section 358 – Exact Provision
This section mandates that whenever an accused is released on bail or bond, the releasing authority must record the reasons for such release. It also requires that the accused be informed about the conditions attached to the bail or bond. This ensures transparency and accountability in the release process, protecting both the accused and the interests of justice.
Requires recording reasons for release on bail or bond.
Ensures accused understands bail conditions.
Applies to both police officers and courts.
Promotes transparency in release procedures.
Helps prevent misuse of bail provisions.
Explanation of CrPC Section 358
This section simply means that when someone is let out on bail or bond, the police or court must explain why and tell them the rules they must follow. It makes sure the accused knows what is expected to avoid confusion or violation.
The section says release must be justified and recorded.
Affects accused persons, police officers, and courts.
Triggered when bail or bond is granted after arrest or detention.
Requires clear communication of bail conditions.
Prohibits releasing without recording reasons or informing conditions.
Purpose and Rationale of CrPC Section 358
This section exists to ensure that bail or bond release is not arbitrary. It protects the accused’s rights by requiring transparency and clarity. It also safeguards the legal process by documenting reasons, thus preventing misuse of bail and maintaining public confidence in the justice system.
Protects accused’s right to be informed.
Ensures procedural fairness in release decisions.
Balances police/court power with individual liberty.
Prevents arbitrary or secretive releases.
When CrPC Section 358 Applies
This section applies whenever an accused is released on bail or bond after arrest or detention. It covers all cases where release is granted by police or courts, regardless of offence type, ensuring consistent procedure.
Applies after arrest or detention of accused.
Police officers or courts have authority to release.
Relevant in all criminal cases where bail/bond is granted.
No specific time limits but applies at release moment.
Exceptions may occur if law provides otherwise.
Cognizance under CrPC Section 358
Cognizance here means the police or court recognizing the accused’s right to be released on bail or bond. It occurs when the authority decides to grant release and records reasons. This procedural step ensures accountability and legality of the release.
Police or court decides on bail/bond release.
Reasons for release must be recorded formally.
Conditions of bail/bond explained and accepted.
Bailability under CrPC Section 358
Section 358 itself does not define bailability but governs the procedure once bail or bond is granted. Whether an offence is bailable or non-bailable depends on other sections. This section ensures proper handling of release regardless of offence type.
Applies to both bailable and non-bailable offences once bail is granted.
Ensures conditions are clear for all types of bail.
Practical consideration: accused must comply with conditions to avoid cancellation.
Triable By (Court Jurisdiction for CrPC Section 358)
Cases involving release on bail or bond under this section can be handled by Magistrate or Sessions courts depending on offence nature. The section applies to all courts empowered to grant bail or bonds, ensuring uniform procedure.
Magistrate courts handle most bail applications.
Sessions courts may handle serious offences.
Trial courts ensure compliance with bail conditions.
Appeal and Revision Path under CrPC Section 358
If bail or bond release is denied or conditions are disputed, the accused or prosecution can appeal to higher courts. Revision petitions may also be filed to review decisions. This section’s procedural requirements support fair appellate review.
Appeals lie to Sessions Court or High Court depending on case.
Revision petitions can challenge bail conditions or denial.
Timelines vary but generally prompt to protect liberty.
Example of CrPC Section 358 in Practical Use
Person X was arrested on suspicion of theft. The police decided to release X on bail after investigation. Under Section 358, the officer recorded the reasons for release and explained the bail conditions to X, including appearing in court on specified dates. This ensured X’s rights were protected and the legal process was transparent.
The section ensured lawful and informed release.
Key takeaway: transparency and communication prevent misuse.
Historical Relevance of CrPC Section 358
This section has evolved to strengthen procedural safeguards around bail and bond releases. Earlier versions lacked explicit requirements for recording reasons, leading to arbitrary releases. Amendments introduced clearer mandates to protect accused rights and ensure accountability.
Major amendment introduced recording of reasons for release.
Enhanced accused’s right to information on bail conditions.
Aligned with broader legal reforms on arrest and detention.
Modern Relevance of CrPC Section 358
In 2026, Section 358 remains vital for upholding fair criminal procedure. With increasing awareness of rights, courts and police emphasize transparency in bail processes. The section supports digital record-keeping and clearer communication, reducing disputes and delays.
Supports digital documentation of bail reasons and conditions.
Enhances accountability in police and court procedures.
Protects accused’s liberty in modern criminal justice system.
Related Sections to CrPC Section 358
Section 41 – Arrest without warrant
Section 437 – Bail in non-bailable offences
Section 439 – Special powers of High Court and Sessions Court regarding bail
Section 46 – Arrest by police
Section 167 – Procedure when investigation is not completed
Case References under CrPC Section 358
- State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)
– Emphasized importance of recording reasons for bail or bond release to prevent arbitrary decisions.
- Hussainara Khatoon v. State of Bihar (1979, AIR 1979 SC 1369)
– Highlighted the right to speedy bail and procedural safeguards in release.
Key Facts Summary for CrPC Section 358
- Section:
358
- Title:
Release on Bail or Bond
- Nature:
Procedural
- Applies To:
Police, Magistrate, Accused
- Cognizance:
Taken when bail or bond is granted with recorded reasons
- Bailability:
Applies post bail or bond grant (both bailable and non-bailable)
- Triable By:
Magistrate/Sessions Courts
Conclusion on CrPC Section 358
CrPC Section 358 is essential for ensuring that the release of accused persons on bail or bond is conducted transparently and lawfully. By requiring authorities to record reasons and explain conditions, it safeguards individual liberty and promotes trust in the criminal justice system.
This section balances the rights of the accused with the interests of justice, preventing arbitrary detention or release. Its procedural clarity helps courts and police maintain accountability, making it a cornerstone of fair criminal procedure in India.
FAQs on CrPC Section 358
What does CrPC Section 358 regulate?
It regulates the procedure for releasing an accused on bail or bond, requiring reasons to be recorded and conditions explained to ensure transparency and fairness.
Who must record the reasons for release under this section?
Both police officers and courts who grant bail or bond must record the reasons for releasing the accused under Section 358.
Does Section 358 decide if an offence is bailable?
No, it does not determine bailability. It applies after bail or bond is granted, ensuring proper procedure is followed.
What happens if bail conditions are not explained properly?
Failure to explain bail conditions can lead to misunderstandings, possible violation of conditions, and may affect the validity of the release.
Can the accused appeal if bail is denied?
Yes, the accused can appeal or file a revision petition against bail denial or conditions under the appellate provisions of the CrPC.