Reform in Bail law

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

Observation of the Court

• Judgment issued clarifications to 2021 ruling on guidelines for considering bail for offences under the Criminal Procedure Code (CrPC), 1973.
• Court: Arrest should be used occasionaly.
• It highlighted presumption of innocence until proven guilty.
• Unwarranted arrests violate Section 41 (empowers police to arrest without a warrant) and Section 41A (deals with the procedure for appearance before police) of the CrPC.

What is the present law?

• Bail is governed by provisions in the CrPC.
• Offences are categorised as bailable and non-bailable.
• Section 436: Bail is a right in bailable offences and the police or court is bound to release the accused following the furnishing of a bail bond, with or without surety.
• For a non-bailable offence, an accused cannot claim bail as a right.
  • The discretion lies with the courts.
• Section 437: Circumstances in which courts can grant bail for non-bailable offences.
• Provision mandates the court to consider granting bail to an accused below 16 years, someone who is sick, or is a woman.

What are some of the guidelines from the Court?

• Court asked the Centre to consider introducing a “Bail Act”.
• Bail pleas have to be disposed of within two weeks except when provisions mandate otherwise.
• A plea for anticipatory bail has to be decided within six weeks.
• Courts need not insist on a formal bail application in some stages.
• Court directed high courts to identify undertrials who are unable to comply with bail conditions and take action to facilitate their release.

What is the U.K. law on bail?

• In UK, the Bail Act of 1976 governs the procedure for granting or denying bail.
• It recognises a “general right” to bail and aims to reduce the number of inmates to prevent clogging of jails.
• It says an accused should be granted bail unless there is a justified reason to refuse it.
• Bail can be rejected if the court finds substantial grounds for believing that the defendant will fail to surrender, commit an offence, or interfere with witnesses if released on bail.
• The court has to give reasons in case it withholds or alters bail conditions.