Need to reform the ‘Bail Law’

Context

The Supreme Court underlined the pressing need for reform in the law related to bail and called on the government to consider framing a special legislation on the lines of the law in the United Kingdom.

What is Bail?

• Bail is the 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

• Depending upon the sage of the criminal matter, there are commonly three types of bail in India:
• Regular bail: A regular bail is generally granted to a person who has been arrested or is in police custody. A bail application can be filed for the regular bail under section 437 and 439 of CrPC.
• Interim bail: This type of bail is 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: Anticipatory bail is 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 offense.

What is the recent ruling about?

• The Supreme Court underlines that arrest is a draconian measure that needs to be used sparingly.
• The ruling is essentially a reiteration of several crucial principles of criminal procedure.

Why bail needs reform?

• Referring to the state of jails in the country, where over two-thirds lodge are undertrials.
• Under indiscriminate arrests, the majority may not even be required to be arrested despite registration of a cognizable offense.
• There is a culture of offense being inherited by many of the prisoners.
• The court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.

Law related to bail in India

• The CrPC does not define the word bail but only categories 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.
• This would involve release on furnishing a bail bond, without or without security.

What has the Supreme Court held on reforms?

The court’s ruling is in the form of guidelines, and it also draws the line on certain procedural issues for the police and judiciary:

• The court underlined that the CrPC, despite amendments since Independence, largely retains its original structure as drafted by a colonial power over its subjects.
• It also highlighted that magistrate do not necessarily
• The SC also directed all state governments and Union Territories to facilitate standing orders to comply with the orders and avoid indiscriminate arrests.