Types of Bail in India
2023 MAR 24
Polity > Executive > Criminal justice system
Why in news?
- Reforms in bail laws have been in discussion in Indian political parlance, since the apex court of India urged the government to bring a new Act exclusively to simplify and streamline bails.
What is Bail?
- Bail is an instrument for procuring the release of a person from legal custody.
- It is the temporary release of a person accused of a crime in exchange for a monetary pledge in exchange for the accused’s appearance in court when the time comes.
The Code of Criminal Procedure, 1973 governs the terms of the bail in India.
The phrases ‘bailable offense’ and ‘non-bailable offense’ are specified in CrPC even though the Act does not define “bail” expressly.
- The person who pays the money or undertakes a money bond acts as the surety. He can be anyone who is financially worth the monetary conditions in the bail conditions.
- In a civil case, obtaining bail is one of the defendant’s rights, whereas in a criminal case, it is at the discretion of the bail granting authority ie, the competent courts, or the police officer in charge.
Three Types of Bails in India:
- Regular Bail
- When a person commits a cognizable non-bailable offense—an offense so serious that a police officer can detain him without a warrant or launch an inquiry without a court’s approval—the police may take him into custody, and when that time is up, he must be jailed.
- The accused has a right to be released from this type of confinement under Sections 437 and 439 of the Criminal Procedure Code.
- So, a regular bail is basically the release of an accused from custody to ensure his presence at the trial.
- Interim Bail
- This bail is provided as a temporary measure and is valid only while an application is ongoing or when the court is considering an application for anticipatory or regular bail.
- The accused loses his right to be free and will be taken into custody if interim bail expires before he is given regular bail or anticipatory bail and he fails to pay the required amount to extend the bail.
- Interim bail is always conditional and can be prolonged.
- Anticipatory bail
- It is a type of bail that is given to someone who is in anticipation of getting arrested for a non-bailable offense by the police.
- This is an advanced bail mentioned under section 438 of the Criminal Procedure Code.
- An application for anticipatory bail can be heard both by the Court of Sessions and the High Courts.
Need for bail law reforms
- A new bail law would take care of not only the unwarranted arrests, but also the clogging of bail applications before various Courts.
- It will help in bringing more clarity to magistrates thereby minimizing the scope of arbitrariness and improving administration of justice.
- It can also help in reducing the proportion of under-trial prisoners, and help preserve their fundamental rights.
Consider the following statements:
1. The Code of Criminal Procedure, 1973 governs the terms of the bail in India
2. An application for anticipatory bail can be heard both by the Court of Sessions and the High Courts
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2