Multiple choice

Jurisdiction to grant bail under Section 438 of criminal procedure code vests with only

  1. the High Court

  2. the Sessions Court

  3. the Magistrate

  4. either the High Court or the Court of Session
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Option (1) is incorrect: Under Section 438(3) of the Code of Criminal Procedure, the jurisdiction to grant bail vests with either the High Court or the Court of Session. Option (2) is incorrect: Under Section 438(3) of the Code of Criminal Procedure, the jurisdiction to grant bail vests with either the High Court or the Court of Session.

Option (3) is incorrect: The Magistrate, whether executive or judicial, doesn’t have the jurisdiction to grant bail under Section 438. Option (4) is correct: Under Section 438(3) of the Code of Criminal Procedure, 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.

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