Section 436(1) in The Code of Criminal Procedure, 1973
(1)When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail :Provided that such officer or Court, if he or it thinks fit,[may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail] [ Substituted by Act 25 of 2005, Section 35, for "may, instead of taking bail" (w.e.f. 23-6-2006).] from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:Provided further that nothing in this Section shall be deemed to affect the provisions of sub-Section (3) of Section 116 [or section 446-A] [Inserted by Act 63 of 1980, Section 4 (w.e.f. 23-9-1980).].[Explanation.-Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso.] [Inserted by Act 25 of 2005, Section 35 (w.e.f. 23-6-2006).]Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of Section 116, [or Section 446-A.] [Inserted by Act 63 of 1980, Section 4, w.e.f. 23.9.1980.]
