The Bail Law & Reform

Why in the News?

Recently, the Supreme Court urged the Centre to bring a new law to simplify and streamline the bail process, referring to the Bail Act of the U.K.

Key Points:

What is the law on bail?

• The CrPC does not have a definition of the word bail. It only classifies offences under the Indian Penal Code as ‘bailable’ and ‘non-bailable.’
• The CrPC empowers magistrates to grant bail for bailable offences as a matter of right.
• Non-bailable offences are cognizable, allowing the police officer to arrest a person without a warrant.
• In these types of cases, a magistrate would determine if the accused is fit to be released on bail.
• According to Section 436, bail is a right in bailable offences, and the police or Court, whoever has custody, is bound to release the accused following furnishing of a bail bond, with or without surety.
• A provision mandates the Court to consider granting bail to an accused below 16 years, someone who is sick or is a woman.
• The provisions for the cancellation of bail are listed in the CrPC.

Supreme Court’s Observations on Bail Law:

• The Supreme Court noted that modifications, the CrPC continues to retain its pre-independence form.
• It observed that “unwarranted arrests” curtail liberty.
• The Supreme Court shares the view that arrest is a “draconian” measure that should be used “sensibly.”
• The Court opines that bail continues to be the rule and jail an exception, the important tenet of Article 21, and highlighted the presumption of innocence until proven guilty.
• It added further that unwarranted arrests are carried out in contravention of Section 41 ( it entrusts police to arrest without a warrant) and Section 41A ( it deals with the procedure for appearance before police) of the CrPC.

Guidelines from the Supreme Court on Bail Reforms:

• A “Bail Act” to streamline the process should be introduced by the Centre.
• Within two weeks, Bail applications have to be disposed of except when provisions mandate; otherwise, the Court stated.
• Within six weeks, the plea has to be decided on anticipatory bail.
• The Court issued directives to high courts for the identification of undertrials who are not able to obey the bail conditions and take action to facilitate their release.
• In some situations, the accused can be granted bail at the Court’s discretion. For Example, when a person is present in Court and is required to appear in the same or another court later, it can take a bond (under Sec. 88) instead of remanding in custody.
• The Court observed that the culture of too many arrests, mainly for non-cognizable offences, is unwarranted.
• It emphasized that an arrest is not mandatory even for cognizable offences and must be “necessitated.”