Breaking: Bail System Inadequate And Inefficient, Law Commission Suggests Drastic Changes In Bail Provisions [Read Report]
7 years, 10 months ago

Breaking: Bail System Inadequate And Inefficient, Law Commission Suggests Drastic Changes In Bail Provisions [Read Report]

Live Law  

Law Commission of India in its new report related to bail system, made significant suggestions to change the bail provisions keeping in mind that the poor people do not get bail, and even when bail is granted, it is difficult for them to get sureties.In Report No.268 titled ‘Amendments to Criminal Procedure Code, 1973 – Provisions relating to Bail’ the Commission headed by Justice. Law Commission of India in its new report related to bail system, made significant suggestions to change the bail provisions keeping in mind that the poor people do not get bail, and even when bail is granted, it is difficult for them to get sureties. In Report No.268 titled ‘Amendments to Criminal Procedure Code, 1973 – Provisions relating to Bail’ the Commission headed by Justice BS Chouhan stated that the existing system of bail in India is inadequate and inefficient to accomplish its purpose. The 21st Law Commission of India made suggestions to change the bail provisions keeping in mind that the poor people do not get bail, and even when bail is granted, it is difficult for them to get sureties”, states the Commission press release.

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History of this topic

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail
3 weeks, 2 days ago

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail

Live Law  

Observing that the case shows "distressing picture of the criminal justice system's failure", the Punjab & Haryana High Court has set aside condition to pay Rs.1.10 crore in bail bond for granting default bail to an accused in Tax Fraud case. It further said that the failure to release the petitioner under Section 479 BNSS, when his right to default …

'Life Without Liberty Is Like Bird With Crippled Wings': Orissa HC Releases Undertrial In Financial Frauds Case Citing Prolonged Detention
1 month, 1 week ago

'Life Without Liberty Is Like Bird With Crippled Wings': Orissa HC Releases Undertrial In Financial Frauds Case Citing Prolonged Detention

Live Law  

The Orissa High Court ordered release of a person accused of committing multiple financial frauds involving lakhs of rupees after finding that as an undertrial, he has completed more than half of the period of sentence prescribed for the most grievous offence for which he has been charged for. Apart from the grounds on merits of the individual cases, the …

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 months, 4 weeks ago

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

Live Law  

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. It was his case that the accused had approached the Sessions Court by concealing the factum of criminal antecedents of two previous cases, …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024
4 months, 2 weeks ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024

Live Law  

Allahabad High Court: IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court Case title - Kajal And Another vs. State Of U.P. Kerala High Court: S. 250 BNSS | Court Has Discretion To Consider Discharge Plea Even After Prescribed Limit Of 60 Days: Kerala High Court Case Title: Sajith v State …

CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC
1 year ago

CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC

Live Law  

The Allahabad High Court recently clarified that the criminal cases in which the accused are not charge-sheeted under the SC/ST Act are liable to be processed under the provisions of CrPC, even if the offence is being tried by the special court established under the SC/ST Act.A bench of Justice Ajay Bhanot observed thus while dealing with an application filed …

Justice Ramkumar Reviews India's Latest Criminal Justice Law
1 year ago

Justice Ramkumar Reviews India's Latest Criminal Justice Law

Live Law  

My comments: - This again is a welcome provision provided it is effective and foolproof. Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— orally, it shall be reduced to …

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
1 year, 3 months ago

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC

Live Law  

Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437 and Section 436A CrPC. Section 437 CrPC stipulates that when the trial for a non-bailable offence before the Magistrate is not concluded within 60 days from the …

Bill to replace CrPC: Panel may propose no handcuffs in financial crimes
1 year, 5 months ago

Bill to replace CrPC: Panel may propose no handcuffs in financial crimes

Hindustan Times  

The parliamentary standing committee on home affairs is likely to suggest that economic offenders not be handcuffed while being taken into custody as part of its recommendations into the Bharatiya Nagrik Suraksha Sanhita that seeks to replace the British-era Code of Criminal Procedure, people aware of developments said on Tuesday. The BNSS was part of three bills – the Bharatiya …

Supreme Court Half Yearly Bail Digest 2023
1 year, 7 months ago

Supreme Court Half Yearly Bail Digest 2023

Live Law  

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 : AIR 2023 SC 457 : 4 SCC 253 : 1 SCR 741 : 2023 INSC 44 Code of Criminal Procedure, 1973; Proviso to Section 167 - Grant of Default Bail …

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court
1 year, 9 months ago

Discretion To Choose High Court Or Sessions Court For Moving Anticipatory Bail Can’t Be Restricted By Narrow Interpretation: Delhi High Court

Live Law  

The Delhi High Court has ruled that the discretion of an applicant to choose either High Court or trial court for moving anticipatory bail plea cannot be restricted by construing section 438 of CrPC narrowly. Analyzing the provision, a vacation bench of Justice Chandra Dhari Singh said that there is no bar on approaching the High Court directly for seeking …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I
2 years ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I

Live Law  

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. 477 – 5 Judges - A. M. Ahmadi, J. S. Verma, P. B. Sawant, B. P. Jeevan Reddy, N. P. Singh - JJ; Union of India v. Thamisharasi 4 SCC 190 = 1995 KC 1189 - J. S. Verma, Sujata V. Manohar – JJ; Uday Mohanlal Acharya v. State …

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court
2 years, 4 months ago

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court

Live Law  

Stressing that seeking anticipatory bail under Section 438 of CrPC is only a statutory right, the Allahabad High Court earlier this week said that the second and successive anticipatory bail application is not maintainable.The bench of Justice Suresh Kumar Gupta further observed that as opposed to Section 439 of CrPC, which flows from Article 21 of. Stressing that seeking anticipatory …

Person Out On Regular Bail Can Be Granted Anticipatory Bail In Added Sections If He Isn't Misusing Liberty: Allahabad High Court
2 years, 5 months ago

Person Out On Regular Bail Can Be Granted Anticipatory Bail In Added Sections If He Isn't Misusing Liberty: Allahabad High Court

Live Law  

The Allahabad High Court has observed that a person who has already been granted regular bail under Section 439 of CrPC and if it found that he has not misused the liberty, then he may be granted anticipatory bail under Section 438 of CrPC in connection with added sections related to the same crime.With this, the bench of Justice Krishan …

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court
2 years, 7 months ago

S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court

Live Law  

Punjab and Haryana High Court has reiterated that in terms of Section 437 of CrPC, bail ought to be granted where the trial in a case triable by Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence. The observation was made by Justice Jasjit Singh Bedi while dealing with a …

Fortify the justice system to ensure bail is the norm
2 years, 7 months ago

Fortify the justice system to ensure bail is the norm

Hindustan Times  

The Supreme Court ’s intervention, in granting protection to Mohammed Zubair and Nupur Sharma, does not make for an understanding of the criminal justice administration in India, for not many citizens are fortunate enough to have effective legal representation and the benefit of being heard by libertarian judges in the jurisdiction of SC. On an earlier occasion too, the Chief …

Section 436A CrPC Akin To Statutory Bail ; Can Be Invoked By Accused Arrested Under PMLA : Supreme Court
2 years, 8 months ago

Section 436A CrPC Akin To Statutory Bail ; Can Be Invoked By Accused Arrested Under PMLA : Supreme Court

Live Law  

The Supreme Court observed that the beneficial provision of Section 436A of Criminal Procedure Code could be invoked by the accused arrested for offence punishable under the Prevention of Money Laundering Act, 2002 Act.Section 436A CrPC needs to be construed as a statutory bail provision and akin to Section 167 CrPC, the bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and …

Cart before the horse: on bail law in India
2 years, 8 months ago

Cart before the horse: on bail law in India

The Hindu  

Two recent pronouncements, one a judicial order and another a public speech by the Chief Justice of India, have drawn attention to the manner in which bail law operates in the country. While the Supreme Court, in Satender Kumar Antil vs CBI, has sought to expand the scope for the grant of early bail to those arrested without sufficient cause, …

Explained | Why is the Supreme Court seeking a separate bail law?
2 years, 8 months ago

Explained | Why is the Supreme Court seeking a separate bail law?

The Hindu  

The story so far: On July 11, the 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. A Bench of Justices S.K. The Supreme Court judgment issued clarifications to a 2021 ruling on guidelines for considering bail for offences under the Criminal Procedure …

Explained: The laws governing bail in India and what changes does the Supreme Court want
2 years, 8 months ago

Explained: The laws governing bail in India and what changes does the Supreme Court want

Firstpost  

Lamenting that jails across the country were flooded with undertrial prisoners, the apex court urged the Centre to introduce reforms in the bail laws. It stated that bail applications should be disposed of within two weeks while those for anticipatory bail be decided within six weeks There can never be an impression that India is a police state, the Supreme …

Affirming the primacy of bail
2 years, 8 months ago

Affirming the primacy of bail

Hindustan Times  

An unfortunate facet of the Indian criminal justice system is the prolonged incarceration of people not convicted of any crime because of denial of bail. Despite four decades of Supreme Court jurisprudence stressing the importance of granting bail as a matter of practice and jail time only in exceptional circumstances, thousands of people continue to languish behind bars even as …

Supreme Court Monthly Criminal Digest- May 2022
2 years, 9 months ago

Supreme Court Monthly Criminal Digest- May 2022

Live Law  

Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Manoj v. State of Madhya Pradesh, 2022 LiveLaw 510 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a …

S.437 CrPC Does Not Give Absolute Right To Bail To A Lady Accused In Multiple FIRs For Duping ₹167 Crores: Punjab & Haryana High Court
2 years, 10 months ago

S.437 CrPC Does Not Give Absolute Right To Bail To A Lady Accused In Multiple FIRs For Duping ₹167 Crores: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with a case where the petitioners conspired and duped several victims of an amount of Rs. The bench comprising Justice Arvind Singh Sangwan further noted that the petitioners are not entitled to get bail under provisions of Section 437 Cr. The arguments raised by learned counsel for the petitioners that the petitioners are …

Section 167(2) CrPC- Investigating Agency Can't Curtail Accused' Right To Default Bail By Invoking Graver Charges: Bombay High Court
2 years, 10 months ago

Section 167(2) CrPC- Investigating Agency Can't Curtail Accused' Right To Default Bail By Invoking Graver Charges: Bombay High Court

Live Law  

The Bombay High Court has made it clear that an investigating agency cannot thwart the right to default bail of an accused by merely invoking graver charges. Justice CV Bhadang observed, The question arose as the charge under Section 409 IPC, which would extend the period of investigation to 90 days, was added against the accused days before expiry of …

S. 167 (2) CrPC| Date Of Remand To Be Included While Considering Plea For Default Bail: Madras High Court Reiterates
3 years, 1 month ago

S. 167 (2) CrPC| Date Of Remand To Be Included While Considering Plea For Default Bail: Madras High Court Reiterates

Live Law  

Reiterating that the date of remand will be computed while considering an application for statutory bail, Madras High Court observed that the right to default bail is part of the procedure established by law under Article 21 of the Constitution, hence an indefeasible fundamental right.The single-judge bench of Justice M. Nirmal Kumar was considering the plea by a POCSO accused, …

Can A Juvenile Seek Anticipatory Bail U/S Section 438 CrPC? Calcutta High Court Refers Question To Larger Bench
3 years, 2 months ago

Can A Juvenile Seek Anticipatory Bail U/S Section 438 CrPC? Calcutta High Court Refers Question To Larger Bench

Live Law  

The Calcutta High Court on Thursday referred to a larger bench the legal issue as to whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure at the behest of a juvenile is maintainable. A Bench comprising Justice Arijit Banerjee and Justice Bivas Pattanayak was adjudicating upon an application for anticipatory bail sought by four …

Aryan Khan And Others Denied Bail - Can A Magistrate Grant Bail For Offences Under The NDPS Act?
3 years, 5 months ago

Aryan Khan And Others Denied Bail - Can A Magistrate Grant Bail For Offences Under The NDPS Act?

Live Law  

A Metropolitan Magistrate's Court on Friday rejected the bail application of Bollywood actor Shahrukh Khan's son Aryan Khan and others in the cruise ship drug case, on the ground that the plea was not maintainable. This article examines the powers of Magistrate with regard to bail under the NDPS Act and poses two important questions for consideration: Whether a Magistrate …

"Bail Plea Doesn't Become Maintainable By Invoking Wrong Provisions In Law": Prosecution Opposes Ishrat Jahan's Bail Plea In Riots Case
3 years, 7 months ago

"Bail Plea Doesn't Become Maintainable By Invoking Wrong Provisions In Law": Prosecution Opposes Ishrat Jahan's Bail Plea In Riots Case

Live Law  

Opposing a bail plea moved by Former Congress Councillor Ishrat Jahan in Delhi riots larger conspiracy case, the Prosecution has challenged the maintainability of the bail application moved by Jahan.Additional Sessions Judge Amitabh Rawat was informed by Special Public Prosecutor Amit Prasad that bail application filed under sec. Opposing a bail plea moved by Former Congress Councillor Ishrat Jahan in …

CORONA -: Time To Revisit 'Bail
4 years, 11 months ago

CORONA -: Time To Revisit 'Bail

Live Law  

While striking down the stringent provisions for bail under the Prevention of Money Laundering Act, the Supreme Court speaking through Justice R.F. The lethargic justice delivery system in India especially in criminal cases has been constantly cursed and lamented upon by all stakeholders including the court, accused, victim, prosecution and the society at large but this particular aspect of supreme …

HC's Jurisdiction U/S 439 CrPC Is Limited To Grant Or Not To Grant Bail: SC Quashes Madras HC's Direction To Form A Committe For Reforms
5 years, 2 months ago

HC's Jurisdiction U/S 439 CrPC Is Limited To Grant Or Not To Grant Bail: SC Quashes Madras HC's Direction To Form A Committe For Reforms

Live Law  

The Supreme Court has set aside a Madras High Court order that directed the State to constitute a committee to recommend reforms in the Criminal Justice System.The bench of Justice L. Nageswara Rao and Justice Hemant Gupta observed that the jurisdiction of the Court under Section 439 of the Code of Criminal Procedure is limited to grant or not to …

Omitted During Emergency, UP Reinserts Provision For Anticipatory Bail
5 years, 9 months ago

Omitted During Emergency, UP Reinserts Provision For Anticipatory Bail

Live Law  

The Uttar Pradesh government has reinserted the provision of anticipatory bail in the State with effect from June 6, 2019. Section 438 Criminal Procedure Code which provides for anticipatory bail had been omitted by Uttar Pradesh government during the Emergency and has been brought back following recurrent demands for its reinsertion by way of writ petitions, recommendations of the. Section …

Section 438 Cr P C [Anticipatory Bail] Applicable In Uttarakhand, Declares Uttarakhand HC [Read Judgment]
6 years, 6 months ago

Section 438 Cr P C [Anticipatory Bail] Applicable In Uttarakhand, Declares Uttarakhand HC [Read Judgment]

Live Law  

The Uttarakhand High Court has declared that provision for anticipatory bail under Section 438 of the Code of Criminal is applicable in the State of Uttarakhand.Section 438 of CrPC was made inapplicable in State of Uttar Pradesh, from which Uttarakhand was carved out in 2000, as per Section 9 of the Code of Criminal Procedure Amendment 1976. Section 438 of …

SC Gives UP Govt Two Weeks To Clarify Stand On CrPC (UP) Amendment On Anticipatory Bail
7 years, 1 month ago

SC Gives UP Govt Two Weeks To Clarify Stand On CrPC (UP) Amendment On Anticipatory Bail

Live Law  

On the issue of inclusion of anticipatory bail provision in Uttar Pradesh, the Supreme Court bench of Justice SA Bobde and L Nageswara Rao on Monday pulled up the state government for not placing the Criminal Procedure Amendment Bill 2010 before the Assembly after the same was sent back by the President of India on some technical grounds in September …

Restricting Anticipatory Bail For Offences Under SC/ST Act Unconstitutional, Submits Amicus, SC Reserves Judgment [Read Written Submissions]
7 years, 1 month ago

Restricting Anticipatory Bail For Offences Under SC/ST Act Unconstitutional, Submits Amicus, SC Reserves Judgment [Read Written Submissions]

Live Law  

A division bench of Justice Adarsh Kumar Goel and Justice UU Lalit on Wednesday reserved its judgment in SLP No. Amarendra Sharan, senior advocate and amicus appointed by the bench, submitted that: “Within the present structure of the Scheduled Caste and Scheduled Tribe Act, 1989 and the Code of Criminal Procedure, 1973 in order to do complete justice and protect …

Restricting Anticipatory Bail For Offences Under SC/ST Act Unconstitutional, Submits Amicus, SC Reserves Judgment [Read Written Submissions]
7 years, 1 month ago

Restricting Anticipatory Bail For Offences Under SC/ST Act Unconstitutional, Submits Amicus, SC Reserves Judgment [Read Written Submissions]

Live Law  

A division bench of Justice Adarsh Kumar Goel and Justice UU Lalit on Wednesday reserved its judgment in SLP No. Amarendra Sharan, senior advocate and amicus appointed by the bench, submitted that: “Within the present structure of the Scheduled Caste and Scheduled Tribe Act, 1989 and the Code of Criminal Procedure, 1973 in order to do complete justice and protect …

Leading By Example: Nagpur Bench Of Bombay HC Ensures Immediate Listing Of ABA, Bail Pleas
7 years, 8 months ago

Leading By Example: Nagpur Bench Of Bombay HC Ensures Immediate Listing Of ABA, Bail Pleas

Live Law  

In a significant move, the Nagpur bench of the Bombay High Court has started listing anticipatory bail applications on board as soon as they are filed, and regular bail applications are listed within three days without any request.In certain cases where charge sheet has been filed and the regular bail applications are filed with advance notice to the Public Prosecutor, …

Recommendations Of The Law Commission Of India On Anticipatory Bail: A Lawyer’s Lament
7 years, 9 months ago

Recommendations Of The Law Commission Of India On Anticipatory Bail: A Lawyer’s Lament

Live Law  

The Law Commission of India has recently submitted its 268th report to the Government suggesting amendments to the provisions relating to bail in the Code of Criminal Procedure, 1973. For example in para 6.5 of Chapter VI of the Report it is mentioned as follows “It must be borne in mind that s. 438 of the Cr.PC does not form …

Breaking: Bail System Inadequate And Inefficient, Law Commission Suggests Drastic Changes In Bail Provisions [Read Report]
7 years, 10 months ago

Breaking: Bail System Inadequate And Inefficient, Law Commission Suggests Drastic Changes In Bail Provisions [Read Report]

Live Law  

Law Commission of India in its new report related to bail system, made significant suggestions to change the bail provisions keeping in mind that the poor people do not get bail, and even when bail is granted, it is difficult for them to get sureties.In Report No.268 titled ‘Amendments to Criminal Procedure Code, 1973 – Provisions relating to Bail’ the …

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