CrPC Section 362

CrPC Section 362 outlines the legal framework for releasing an accused person on bail or bond. It ensures that individuals are not unnecessarily detained before trial, balancing the need for their presence in court with their right to liberty. Understanding this section helps citizens know their rights regarding pre-trial release.

This section plays a crucial role in the criminal justice system by providing guidelines on when and how an accused may be released pending trial. It helps prevent undue incarceration while securing the accused's attendance in court, promoting fairness and efficiency in legal proceedings.

CrPC Section 362 – Exact Provision

This provision mandates that whenever an accused is released on bail or bond, the releasing authority must obtain a written promise from the accused to appear in court as required. This ensures accountability and helps the court maintain jurisdiction over the accused's case. The section safeguards both the rights of the accused and the interests of justice by formalizing the release process.

• Requires written undertaking from accused when released on bail or bond.

• Ensures accused's commitment to appear in court.

• Applies to police or any releasing authority.

• Supports procedural fairness in pre-trial release.

Explanation of CrPC Section 362

Section 362 simply means that when someone accused of a crime is let out on bail or bond, they must sign a written promise to appear in court as required. This helps the court keep track of the accused and ensures they attend their trial.

• The section requires a written undertaking from the accused.

• Affects accused persons released before trial.

• Triggered when police or authority releases on bail or bond.

• Allows release but mandates promise to appear in court.

• Prohibits release without obtaining this written promise.

Purpose and Rationale of CrPC Section 362

This section exists to protect the rights of the accused by allowing release before trial while ensuring the accused does not evade the judicial process. It balances liberty with accountability, preventing unnecessary detention and securing court attendance through a formal undertaking.

• Protects accused’s right to liberty before conviction.

• Ensures procedural safeguards during release.

• Balances police powers with citizen rights.

• Prevents misuse of bail or bond release.

When CrPC Section 362 Applies

Section 362 applies whenever an accused person is released on bail or bond by police or authorized officials. It governs the formal process of obtaining a written promise to appear in court, ensuring legal compliance during pre-trial release.

• Applies when accused is released on bail or bond.

• Authority to release includes police officers and other officials.

• Written undertaking must specify time and place of appearance.

• Valid across all courts and jurisdictions in India.

• No exceptions to obtaining the written undertaking.

Cognizance under CrPC Section 362

Cognizance under Section 362 is procedural and relates to the release of the accused on bail or bond. The police or authorized person takes cognizance by releasing the accused and obtaining the written undertaking. This step is essential before the accused is allowed to go free pending trial.

• Police or authorized person records the release.

• Written undertaking is taken as proof of cognizance.

• Ensures court jurisdiction over the accused is maintained.

Bailability under CrPC Section 362

Section 362 itself does not determine whether an offence is bailable or non-bailable but governs the process when bail or bond is granted. The bailability depends on the nature of the offence and other relevant sections of the CrPC.

• Applies only when bail or bond is granted.

• Written undertaking is mandatory regardless of bailability.

• Practical consideration: ensures accused’s court attendance.

Triable By (Court Jurisdiction for CrPC Section 362)

Cases involving release on bail or bond under Section 362 are triable by the Magistrate or court handling the case. The section supports the procedural steps before trial and does not affect the trial court's jurisdiction.

• Trial court (Magistrate or Sessions) handles the case.

• Section applies during pre-trial procedures.

• Does not alter court jurisdiction or trial stages.

Appeal and Revision Path under CrPC Section 362

Decisions related to bail or bond release under Section 362 can be appealed or revised as per general CrPC provisions. The accused or prosecution may challenge bail orders in higher courts following established procedures and timelines.

• Appeal lies to Sessions Court or High Court as applicable.

• Revision petitions may be filed against bail orders.

• Timelines depend on nature of order and court rules.

Example of CrPC Section 362 in Practical Use

Person X is arrested on suspicion of theft. The police decide to release X on bail. Before releasing, the officer obtains a written undertaking from X promising to appear in court on the specified date. This ensures X’s liberty while securing the court’s authority over the case.

• Section 362 ensured lawful release with accountability.

• Key takeaway: Written promise protects court process and accused’s rights.

Historical Relevance of CrPC Section 362

Section 362 has been part of the CrPC to formalize the process of releasing accused on bail or bond. It evolved to prevent arbitrary release and ensure that accused persons remain accountable to the court.

• Introduced to standardize bail procedures.

• Amended to include written undertakings for clarity.

• Helps reduce unlawful detention and misuse.

Modern Relevance of CrPC Section 362

In 2026, Section 362 remains vital for protecting accused rights and ensuring judicial efficiency. It supports digital record-keeping of undertakings and helps courts manage cases effectively by securing accused attendance.

• Supports digital bail management systems.

• Ensures accountability in modern policing.

• Balances liberty and judicial control effectively.

Related Sections to CrPC Section 362

• Section 437 – Bail in non-bailable offences

• Section 438 – Anticipatory bail

• Section 439 – Special powers of High Court or Sessions Court regarding bail

• Section 46 – Arrest by police

• Section 41 – Arrest without warrant

Case References under CrPC Section 362

1. State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)

   – Emphasized the importance of bail conditions and the accused’s undertaking to appear in court.

2. Hussainara Khatoon v. State of Bihar (1979, AIR 1979 SC 1369)

   – Highlighted the right to liberty and timely release on bail where applicable.

Key Facts Summary for CrPC Section 362

• Section:

  362

• Title:

  Release on Bail or Bond

• Nature:

  Procedural

• Applies To:

  Police, accused

• Cognizance:

  Taken by police or authorized person upon release

• Bailability:

  Applies when bail or bond is granted

• Triable By:

  Magistrate or appropriate court

Conclusion on CrPC Section 362

CrPC Section 362 is essential in the criminal justice system as it formalizes the release process of accused persons on bail or bond. By requiring a written undertaking, it protects the rights of the accused while ensuring their presence in court. This balance promotes fairness and accountability.

Understanding this section empowers citizens to know their rights and responsibilities during pre-trial release. It also guides police and officials to act lawfully, preventing arbitrary detention and misuse of power. Overall, Section 362 strengthens procedural justice in India.

FAQs on CrPC Section 362

What is the main purpose of CrPC Section 362?

Its main purpose is to ensure that when an accused is released on bail or bond, they provide a written promise to appear in court, securing their attendance and protecting their rights.

Who must obtain the written undertaking under Section 362?

The police officer or any authorized person releasing the accused on bail or bond must obtain the written undertaking from the accused.

Does Section 362 decide if an offence is bailable?

No, Section 362 governs the procedure after bail or bond is granted. Whether an offence is bailable depends on other CrPC provisions.

What happens if the accused fails to appear after giving the undertaking?

If the accused fails to appear, the court may cancel bail and issue warrants for arrest, as the written undertaking is a legal commitment to attend court.

Can the written undertaking be digital or must it be physical?

Currently, the undertaking is generally a physical document, but courts are increasingly adopting digital records to improve efficiency and record-keeping.