Code of Criminal Procedure — Section 439

439. Special powers of High Court or Court of Session regarding bail.—(1) A High Court or Court of

Session may direct,—

(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the

nature specified in sub-section (3) of section 437, may impose any condition which it considers necessary for

the purposes mentioned in that sub-section;

(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:

Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an

offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with 183

This Bare Act is a government source available in the public domain. It is being used strictly for educational purposes only.

imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be

recorded in writing, of opinion that it is not practicable to give such notice.

1[Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code (45 of 1860), give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application.]

1[(1A) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under sub-section (3) of section 376 or section 376AB or section 376DA or section DB of the Indian Penal Code (45 of 1860).]

(2) A High Court or Court of Session may direct that any person who has been released on bail under this

Chapter be arrested and commit him to custody.

Assam.—

STATE AMENDMENT