Code of Criminal Procedure, 1973

Section - 438 - Direction for grant of bail to person apprehending arrest

Direction for grant of bail to person apprehending arrest.

438.[(1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely:-

(i)-the nature and gravity of the accusation;
(ii)-the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
(iii)-the possibility of the applicant to flee from justice; and
(iv)-where the accusation has been made with the object of injuring or humiliating the applicant by havi .... To read the full section download the app from Google Play store