What is the bail amount in an Adultery case

517 votes

As per the law in force in India, there is no fixed amount for obtaining anticipatory bail with respect to the offence of adultery or for that matter any offence.

It will be worthwhile for you to know that adultery is no longer an offence in India after the Supreme Court struck it off the IPC following its decision in the case of Joseph Shine v. Union of India (2018). Thus, there is no provision for granting anticipatory bail for adultery cases.

Generally speaking, the amount of bail is generally left to the discretion of the court or the magistrate, who may set the amount based on various factors such as the severity of the offence, the criminal history of the accused, the likelihood of the accused fleeing from justice, and so on. In some cases, the court may also waive the requirement of bail amount altogether like in case the accused is an indigent person.

As per Section 440 Code of Criminal Procedure, 1973, the High Court or the Court of Session can direct the reduction of bail required by a police officer or Magistrate. This means that if the bail amount fixed by the police officer or Magistrate is found to be excessive, the High Court or Court of Session may order a reduction in the amount. The purpose of this section is to ensure that the amount of bond fixed is reasonable and does not cause undue hardship to the accused. The court has to take into consideration various factors such as the nature of the offence, the financial condition of the accused, the likelihood of the accused absconding, and the need to ensure the presence of the accused during the trial, before fixing the amount of the bond.

Advocate Sudershani Ray LawRato

720 votes

bail amount is decided by court but my idea ,regarding this concept, it will be between 10 thousand to 20 thousand!!
Hope it will help you!!! thank you!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Advocate Sameer Sharma LawRato

604 votes

Anticipatory bail is a completely discretionary relief and the amount of bail depends on facts and circumstances of the case. It also depends on the strata of the society to which the accused belongs. To summarize it depends on the will of the judge, but gravity of offence is also taken into consideration.

The nature of adultery as an offence is personal and thus the courts tread a cautious line as the chances of its misuse are there in case of disgruntled wife, thus anticipatory bail may be granted in such cases.

Regards
Ambanshu

Advocate Ambanshu Sahni LawRato

635 votes

the amount depends on the discretion of the judge and may range from 20,000 to 50,000 for a surity amount. A personal bomd will not be sufficiant and ypu immidiately need to take bail before you are taken in custody

Advocate Mukesh Choudhary LawRato