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BAIL REFORMS IN INDIA

13th July, 2022

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IN News

  • Recently the Supreme Court of India has highlighted the need to bring reforms in the Bail-related law.

 

Background

  • The Code of Criminal Procedure (CrPC) was drafted in 1882 and it continues to be in use with amendments from time to time.
  • The CrPC does not define the word bail in the draft but only categories offences under the Indian Penal Code (IPC) as ‘bailable’ and ‘non-bailable’.

 

Suggestions by Supreme Court

  • The Supreme Court has released guidelines on certain procedural issues for the police and judiciary.
    • The court has raised concern over the fact that the CrPC, despite amendments since Independence, largely retains its original structure as drafted by a colonial power over its subjects.
    • The court has stated that the magistrates do not necessarily exercise their discretionary powers uniformly.
  • The court suggested framing a separate law that deals with the grant of bail.
  • The court has raised concern over too many arrests, specifically for non-cognisable offences.
  • The Supreme Court has also directed all state governments and Union Territories to avoid indiscriminate arrests.

 

Bail Provisions under the Indian Law

  • Bail is the temporary release of the accused in a criminal case in which the court has a trial pending and is yet to announce the judgement.
  • Bail is granted to the convicted person after submitting a personal bond or assurance to follow the conditions imposed by the court.
  • A person can apply for bail, at the moment he/she is arrested.
  • The accused can get bail for a non-bailable offence.
    • Bail can be obtained from Sessions Court or High Court, depending upon the seriousness of the offence the accused is charged with and the discretion of the court.
  • For a bailable offence: A person doesn’t need to go to court, as it is given by the Police Officer.

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TYPES OF BAILS IN INDIA

  • Regular Bail is granted to the person who has been arrested or is in police custody.
  • Interim Bail is a short-term bail granted for a short period.
    • It is granted before the hearing for the grant of anticipatory bail.
  • Anticipatory Bail; A person can apply for anticipatory bail when he/she finds out that he could be arrested for a non-bailable offence.
    • At the time of granting anticipatory bail the Court imposes certain terms and conditions which if violated, the Court may cancel the anticipatory bail.

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Significance of Bail Provisions

  • Bail is an essential element of any criminal justice system, as it guarantees the right to a fair trial for the accused.
  • It is needed to safeguard the fundamental right to liberty, as mentioned under Article 21 “No person shall be deprived of their liberty unless prescribed so by a reasonable, fair, and just procedure”.
  • According to the Supreme Court of India, Bail is a measure to balance the personal freedom of the accused and the public interest. Therefore the release is conditional.

Way Forward

  • The Indian Constitution under Article 21 guarantees the right to life and personal liberty to every individual. A person is assumed to be innocent unless proved guilty. Therefore he/she shall not be deprived of personal liberty unless specified by a fair and just procedure.
  • Bail is a mechanism that secures liberty to the accused without providing any unjustified benefit to them. However, it has been scrutinised that the practice of granting bail is quite irregular and unclear.
  • There are several judgments where the Supreme Court has observed that each case needs to be examined for its facts and circumstance before granting bail.
  • The rationality behind granting or refusing bail petitions must be to establish a balance between individual rights and the interest of society.

https://indianexpress.com/article/explained/bail-law-and-sc-call-for-reform-8025618/

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