Despite SC Alarm, Bail is Still Not the Norm
Right to Bail
- Bail is not defined in CrPC but offences are classified into bailable and non bailable offence.
- Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offence under I.P.C. can be granted bail.
- On the other hand, Section 437 of the Code of Criminal Procedure, 1973 lays down that the accused does not have the right to bail in non-bailable offences.
Model Law suggested by Supreme Court
- Supreme Court is asking the government to framing a special legislation on the lines of the Bail Act of the United Kingdom, 1976.
What is the requirement for such a law
- Two thirds of the people incarcerated in jail have not been convicted of any offence and are undertrials
- The court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.
Source The Hindu
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