(1)

When any 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, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail :

Provided that such officer or Court, if he or it thinks fit,

[may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail] [ Substituted by Act 25 of 2005, Section 35, for "may, instead of taking bail " (w.e.f. 23-6-2006).] from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:

Provided further that nothing in this Section shall be deemed to affect the provisions of sub-Section (3) of Section 116 [or section 446-A] [Inserted by Act 63 of 1980, Section 4 (w.e.f. 23-9-1980).].

[Explanation.-Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso.] [Inserted by Act 25 of 2005, Section 35 (w.e.f. 23-6-2006).]

Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of Section 116, [or Section 446-A.] [Inserted by Act 63 of 1980, Section 4, w.e.f. 23.9.1980.]

(2)

Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under Section 446.

[436-A. Maximum period for which an under trial prisoner can be detained. - Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:

Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties:

Provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.

Explanation.-In computing the period of detention under this Section for granting bail the period of detention passed due to delay in proceeding caused by the accused shall be excluded.] [Inserted by Act 25 of 2005, Section 36 (w.e.f. 23-6-2006).]

[Substituted by Act 45 of 1978, Section 28, for "has been passed " (w.e.f. 18.12.1978).]

UTTAR PRADESH.- In sub-section (1) of Section 436 in the first proviso for the word "discharge " the word "release " shall be substituted. [U.P. Act 1 of 1984 Section 10 w.e.f. 1.5.1984]