Bail law and SC call for reform

• SC underlined need for reform in bail law and asked govt. to consider framing a special legislation on lines of law in UK.
• Bail: Conditional release of a defendant with the promise to appear in court when required.
  • The term also means the security that is deposited in order to secure the release of the accused.

Types of Bail in India

• Regular bail: Granted to a person who has been arrested or is in police custody.
• Interim bail: Granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.
• Anticipatory bail: Granted under section 438 of CrPC either by session court or High Court.
• An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non-bailable offence.

Why bail needs reform?

• Huge pendency of undertrials: In Indian jails over two-thirds lodged are undertrials.
• Indiscriminate arrests: Majority may not even be required to be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less.
• Disadvantageous for some sections: Mostly undertrials are poor, illiterate and include women.
• Colonial legacy: Court linked the idea of indiscriminate arrests to magistrates ignoring rule of “bail, not jail” to colonial mindset.

What is the law on bail?

• The CrPC does not define the word bail but only categories offences under IPC as ‘bailable’ and ‘non-bailable’.
• CrPC empowers magistrates to grant bail for bailable offences as a matter of right.
• This would involve release on furnishing a bail bond, with or without security.

And what is the UK law?

• The Bail Act of the United Kingdom, 1976, prescribes the procedure for granting bail.
• A key feature is that one of the aims of the legislation is “reducing the size of the inmate population”.
• The law also has provisions for ensuring legal aid for defendants.
• The Act recognises a “general right” to be granted bail.

What has the Supreme Court held on reforms?