News Highlight
The jurisprudence of bail in India is anchored on the bedrock of Article 21 of the Constitution, which safeguards not only life but also liberty by commanding that liberty can be deprived only through the procedure established by law, which must be “just, fair, and reasonable.”
Key Takeaway
- Section 438 of the Code of Criminal Procedure (CrPC) enables the accused to approach a Sessions Court or High Court seeking a direction to release him on bail in case he is arrested for a non-bailable offence.
- Section 167 of the CrPC vests the accused with the right to be released if the investigation is not completed within ninety days or sixty days, as the case may be, depending on the severity of the alleged offence.
What is bail?
- Bail is referred to as the temporary release of the accused in a criminal case in which the court has a trial pending and is yet to announce the judgement.
Types of bail in India
- Regular Bail:
- This kind of bail is granted to a person who has been arrested or is in police custody.
- It is filed under sections 437 and 439 of CrPC.
- Interim Bail:
- This is short-term bail granted for a short period.
- It is granted before the hearing for the grant of normal or anticipatory bail.
- Anticipatory Bail:
- Anticipatory bail falls under section 438 of the CrPC by the session court or the high court.
- A person can apply for anticipatory bail when an individual finds out he could be arrested for a non-bailable offence.
- Usually, such situations arise when business rivals and people try to frame false cases against their competitors.
Indian Bail Laws
- Section 436-450 of the CrPC deals with the procedures regarding bail in India and includes the provisions for the grant of bail.
- The CrPC does not define the term bail, instead classifying offences under the Indian Penal Code as ‘bailable’ or ‘non-bailable.‘
Bailable offence
- Bailable offences are those offences or crimes that are not very serious in nature.
- The CrPC gives magistrates the authority to grant bail for bailable offences.
- Here, the accused can claim bail as a matter of right.
Non-bailable offence
- Non-bailable offences are cognisable, which enables the police officer to arrest without a warrant.
- In such cases, a magistrate would determine if the accused is fit to be released on bail.
The triple test.
- The grant of regular bail is usually guided by what is referred to as the triple test:
- The ascertainment of whether the accused is at flight risk.
- The possibility of tampering with the evidence.
- The influencing witnesses.
- P. Chidambaram Case-2019
- In addition to the above three, the gravity of the offence may also be an additional consideration which may be ascertained by the sentence prescribed for the offence alleged to have been committed (as per the P. Chidambaram Case-2019).
Content Source: The Hindu