Section 436 of CrPC : Section 436: In What Cases Bail To Be Taken

Explanation using Example

Imagine that John, who is not accused of any non-bailable offence, was arrested for a minor misdemeanor such as creating a public nuisance. He was taken to the local police station without a warrant. John is ready to post bail immediately to secure his release. According to Section 436(1) of The Code of Criminal Procedure, 1973, he is entitled to be released on bail. If John does not have the financial means to afford bail and is considered indigent, the officer in charge or the court may release him on his own recognizance, which means he would sign a bond promising to appear in court without having to provide a monetary surety.

In a different scenario, if John had previously been released on bail for the same misdemeanor but failed to appear in court at the specified time, under Section 436(2), the court has the discretion to refuse to grant him bail again when he is brought before the court.