What is Bail and when bail may be cancelled? (Code of Criminal Procedure)

What is Bail -

            Bail has not been defined in the Code of Criminal Procedure, but the dictionary meaning of Bail is the security with securities for the prisoners' appearance to answer the charge at a specified time and place.  The bail is the process by which a person is released from custody wale is the judicial release from custodia juris.

            In simple words, Bail is the process of release under the guarantee that a person arrested on a criminal charge will appear for trial for examination when duly requested if he is temporarily released.

           According to Section 439(2) the code of criminal procedure High Court or Court of Session may direct that any person who has been released on bail under chapter XXXIII (i.e., relating to bail) be arrested and commit him to custody.

When bail may be cancelled? 

A person admitted to bail by the High Court could be committed to custody only by the High Court. similarly a High Court has power to stable order passed by session courts if it thinks appropriate to do so. a court of the session can cancel the bail granted by itself and cannot cancel a bail granted by the high court unless new circumstances arise during the progress of the trial under an accused person has been admitted to bail by the High Court.

Bail may be cancelled on the following grounds as per the verdict of the different Courts -

1. When the person on bail is found tampering with evidence either during the investigation or during the trial.

2. When the person on bail commits similar offence to any heinous offence during the period of bail.

3. when the person on bail has absconded and trial of the case gets delayed on that account.

4. when it is alleged that the person on bail is terrorizing the witness and committing acts of violence against the police.


5. when the person on bail creates serious law and order problem in the society and he has become a hazard to the peaceful living of the people.

6. when it is found that the subsequent events make out a non-bailable offence or a graver offence

7. When the high court found that there was a wrong exercise of judicial discretion to grant the accused bail;

8. when the circumstances where prove that the accused has misused the liberty granted to him it is sufficient ground to cancel the bail.

9. If the life of the accused person on bail itself be in danger bail may be cancelled.


The anticipatory bail can also be cancelled before the regular bail is actually granted.

See Also...

Where warrant may be executed?

What are the requirements of FIR (Criminal Procedure Code, CRPC)

When search warrant may be issued | Criminal Procedure Code

Distinction/Difference between Inquiry and Investigation

Sentence which sessions judges may pass

When Police May Arrest Without Warrant | Criminal Law

Difference between summons cases and warrant cases Summons cases 

What is FIR and what are the requirements of FIR?

Judgment: Meaning, Definition and Essentials of Judgment

Decree: Meaning, definition and Types of Decree

Difference/Distinction Between A Court and Tribunal

What is Bail and what is the Difference between bailable and non-bailable offences