Question

When an offence is bailable:

• A. A person has no right to be released on bail upon arrest.
• B. A person has a right to be released on bail upon arrest.
• C. A right to be released is dependent on the exercise of judicial discretion.
• D. A person shall be released within 24 hours

Hint:

Clearly distinguish between bailable and non-bailable offences. For bailable offences, bail is a \textbf{right} (Section 436). For non-bailable offences, bail is a matter of judicial \textbf{discretion} (Section 437 and 439).

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question pertains to the right to bail in the case of a 'bailable offence'. The Cr.P.C. categorizes offences into 'bailable' and 'non-bailable'. A bailable offence is defined in Section 2(a) of the Cr.P.C. as an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force.
Step 2: Detailed Explanation:
Section 436 of the Cr.P.C. governs bail in bailable offences. It mandates that when a person accused of a bailable offence is arrested or appears before a court without a warrant, they shall be released on bail. The use of the word "shall" indicates that granting bail in such cases is not a matter of discretion for the court or the police officer; it is a matter of right for the accused.
- Option (A) is incorrect because there is a right to bail.
- Option (C) is incorrect because bail is a right, not a matter of judicial discretion in bailable offences. Discretion applies to non-bailable offences.
- Option (D) relates to the maximum period of detention by police before producing the accused before a magistrate (Section 57), not the right to bail itself.
Step 3: Final Answer:
In a bailable offence, the accused has an absolute and indefeasible right to be released on bail. Therefore, option (B) is the correct answer.