Malimath Committee report Law should not stumble, in a way that those who defy it go free and those who seek its protection lose hope. Why in News? Recommendations of the committee are being revisited by the central Govt. As the law and order problem in the country is deteriorating and crimes are increasing in all spheres be it against Women, Cyber, Economic Crime, or organised crimes.
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Conclusion Introduction In general, the term bail means the temporary release of an accused person on a temporary basis. As the term bail has been derived from the French word bailer which means to deliver or to give. The term bail has been used for a long time. As defined in the oxford dictionary bail is the absolution of an accused person temporarily awaiting the trial or a sum of money is lodged by the accused person as a guarantee for his appearance in the court.
The provisions regarding the bail and bonds have been specified from section to of the Criminal Procedure Code. These provisions envisaged in the code gives the brief regarding the provisions of the bail. The concept of bail is that it acts as security lodged by the accused person on the basis of which he can be released on a temporary basis but needs to appear in court whenever required by the court.
The process of bail takes place while the trial of the accused person is still pending. Generally, a person seeks this option in order to get himself released from the police custody. The process of bail is a legitimate process.
Basic Rule India is a democratic country and the basic concept of democracy is that every individual must have personal liberty and freedom. It is the basic right of an individual which is protected by the state. Thus the concept of bail and personal liberty goes hand in hand and therefore every individual including the accused person has the right to seek bail in order to get himself released from custody until and unless proven guilty by a court of law.
Object The basic goal behind arresting and detaining a person behind the jail is that when the accused is required by the court during the trial he must appear in court for the trial. The process of bail is a complex mechanism, it is considered to be very delicate and conflicting at the same time. Sometimes when the bail is not granted to the accused person it may curtail the liberty of the innocent accused or while granting bail may result in giving extra-liberty and freedom to the actual culprit.
Based on this ideology the code of criminal procedure has bifurcated the offences into two categories. Types of offences Non-bailable offence Bailable offence The bailable offence is the type of offence in which an accused person is granted bail. This type of offences is generally punishable by the court with less than three years of imprisonment.
In the case of bailable offence the chances of getting bail are much higher. Under section 2 a of the code , the term bailable offence has been described as the offence which has been specified in the first schedule of the code or if the offence is considered to be bailable by the law in force during the time.
Non-bailable offence The non-bailable offence is the type of offence for which an accused person is not entitled to get bail. These are the offences which are non-bailable nature and are not shown as bailable under the first schedule of the code. These offences are grievous in nature when compared to bailable offences. In the case of non-bailable offences the punishment is three years or more.
Cases in which bail may be granted whether release on bail is mandatory? In the case of bailable offence it is mandatory to grant bail to the arrested person and in case of non-bailable offence it depends upon the discretion of the court. Cases in which bail to be taken section of CR.
PC In this case, if a person who is not guilty of any non-bailable offence and gets arrested without a warrant by the police authority and is prepared to give bail, then it is the duty of the police authorities to release him.
The person arrested may be released on the bond without submitting any sureties. Appealability of the order section of the code Section of the code states that any orders passed under section of the code shall be appealable. In case when the court of sessions passes an order to the court where an appeal lies from an order made by such court. Investigation incomplete section of the code Under section 57 of the code states that a person arrested or taken into custody has to be released after 24 hours.
Within those 24 hours, he has to be presented before the magistrate with a notice. The period of 24 hours can be extended if the investigation regarding the offence or crime committed has not been completed. Section states that in order to extend the period of 24 hours for the purpose of investigation prior order has to be obtained from the magistrate. If the investigation is not completed the person arrested or detained shall be released.
The period of detention shall not exceed 90 days in case where the offence is punishable with the death penalty or life imprisonment and 60 days in case where the offence is punishable for a term less than ten years. The maximum period for which an under-trial prisoner can be detained section A of the code Under section A of the code states that the detention period for an undertrial prisoner other than the one who is accused of the criminal offences punishable with death or life imprisonment shall be released from detention if the person has been detained for one half of the maximum sentence provided for the offence committed by him.
It depends upon the discretion of the court or the police officials that they may release the person arrested for non-bailable offences until and unless there exists any reasonable grounds or apprehension that person arrested has committed any crime and is not guilty of any criminal liabilities which is punishable with life imprisonment or the death penalty. Click Above Bail to require accused to appear before the next appellate court section A of the code Under section A of the code, it has been stated that in order to appear in the higher court as and when the higher court issues the notice against the judgment of the court it becomes mandatory for the trial court or the appellate court which requires the accused to execute the bail bond with sureties.
What do you mean by the Anticipatory Bail? Under section of the code, it has been stated that the term anticipatory bail can be understood through the expression anticipatory. Anticipatory bail is the bail granted by the court in anticipation of the arrest. When this bail is granted to a person it ensures that in case if the person is arrested in the near future then such person shall be released on this anticipatory bail.
No questions can be raised on the release unless the person executing this bail is arrested and therefore it totally depends upon the arrest that the order granting such bail becomes operative.
The following provision of section of the code was recommended by the law commission. On its 48th report, they expressed their observations regarding the provision of anticipatory bail and stated that such provision is a useful addition to the code but it should be used in extraordinary or exceptional cases only.
Section of the code runs as follows: When any person having the reasonable apprehension that he may be accused of committing the offence of non-bailable nature then such person can apply for anticipatory bail in the high court or the sessions court. The role of the court having competent jurisdiction shall give him direction under section of the code that during the time when he gets arrested he shall be released on bail after taking into consideration the following conditions shall accept or reject the application filed for anticipatory bail by the person getting arrested.
Following are the factors: The accusation made shall be grave and serious Likelihood of the applicant to flee or abscond from justice When the accusation is made with the intention of humiliating or injuring the person by making him arrested through that accusation. Conditions under section of the code involve the following things. The applicant filing for the anticipatory bail shall have the reasonable apprehension of getting arrested The arrest of such person shall be in respect of the accusation of him committing non-bailable offence or cognizable offence and the courts having competent jurisdiction shall direct that in the event of the arrest the person shall be released.
Following conditions are imposed on the person seeking the anticipatory bail by the courts having competent jurisdiction It is the duty of the person to appear or make himself available whenever required by the police officials for the investigation. He must not induce or threat for dissuading him from disclosing facts of the case. The applicant shall not go outside the territory of India without taking the prior permission of the court.
Or if the following conditions stated in point one and two are fulfilled and such person is ready to give bail, he should be released from custody subject. Amiya kumar v. Both the high court and the Sessions court have the competency to grant this bail. Naik v. LJ In the instant case, it was held that if a person files an application for anticipatory bail and it is rejected by the sessions court, this will not put the bar over the person filing the petition to approach High court.
Malimath Committee Report The Malimath committee gave its observation regarding the provision of anticipatory bail. They stated that the provision of section is often misused by the people. Such misuse of the provision is illegal. The committee after the following observation suggested two conditions or requirements for the purpose of retaining the provision. The following conditions are as follows: Before granting the anticipatory bail the court shall hear the public or the government prosecutor When a person files a petition of anticipatory bail it must be heard by a court having competent jurisdiction.
Conclusion It can be concluded that the concept of bail is that it acts as security lodged by the accused person on the basis of which he can be released on a temporary basis but needs to appear in court whenever required by the court. Generally, a person seeks this option in order to get himself released from police custody.
Before you forget: brush your knowledge on Provisions relating to Bail
This includes components like police and courts. CJS can impose penalties on those who violate the established laws. The criminal law and criminal procedure are in the concurrent list of the seventh schedule of the constitution. The system has still not undergone any substantial changes even after 70 years of Independence.
Malimath Committee report
Pssst… we can write an original essay just for you. Any subject. Any type of essay. Why in News? Recommendations of the committee are being revisited by the present Central Govt. As the law and order problem in the country is deteriorating and crimes are increasing in all spheres be it against Women, Cyber, Economic Crime, or organised crimes.
Malimath Committee report : Important Topics for UPSC Exams
Conclusion Introduction In general, the term bail means the temporary release of an accused person on a temporary basis. As the term bail has been derived from the French word bailer which means to deliver or to give. The term bail has been used for a long time. As defined in the oxford dictionary bail is the absolution of an accused person temporarily awaiting the trial or a sum of money is lodged by the accused person as a guarantee for his appearance in the court. The provisions regarding the bail and bonds have been specified from section to of the Criminal Procedure Code. These provisions envisaged in the code gives the brief regarding the provisions of the bail. The concept of bail is that it acts as security lodged by the accused person on the basis of which he can be released on a temporary basis but needs to appear in court whenever required by the court.
V. S. Malimath