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  • Writer's pictureChambers of Daksha Kumar

What exactly is a “conditional bail” in the Indian Law System.

Section 437(3), 438, 438(2) and 439 (1)(a) of Cr.P.C. mentions about conditional bails.

What is a Conditional Bail?

When the accused is released on bail certain conditions may be imposed him. Section 437 when bail may be granted in case of a non-bailable offence. When a person is accused or suspected of commission of an offence punishable with imprisonment which may extend to 7 years or more or of an offence under chapter 6th, chapter 16th or chapter 17th of IPC or the act of helping others or encouraging someone to do something wrong or illegal of /or an agreement between two or more persons to commit a crime at some time in the future or attempt to commit, any such offence, is released on bail under sub-section(1), the court may impose any condition which it considers necessary.

a) To ensure that such a person shall attend by conditions of bond executed.

b) Condition that person shall not, directly or indirectly, make any inducement threat or promise to anyone with a motive or consideration that leads one to action or additional effective actions with facts of the case Section 438(2).

High Court or court of the session makes a direction 1) Condition that person shall make himself available for questioning of a witness by the party that called the witness has been subject to cross-examination by police officers as and when required.

2) Condition that person shall not, directly or indirectly make any motive or consideration that leads one to action or additional or more effective actions threat or promise to any person having personal knowledge of something with facts of the case.

3) Condition that a person shall not leave the territory of India without the previous permission of the court or any other conditions as in 437(3).


When bail is given in section 439 special powers of the high court of the session -regarding bail., the court may impose any condition that it considers necessary for purposes mentioned in 437(3) and also can impose 438(2).

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