News By/Courtesy: K. Pramod Kumar Reddy | 14 Jul 2022 16:09pm IST


  • The Supreme Court on this Monday has moved the Centre to consider on introducing a new streamlined form of Bail Act to deal with Bail pleas.
  • The Apex Court has stated that the CrPC is a Pre-Independence statute with modifications. So, to deal with Bail pleas we need to enact a new streamlined Act for Bails like other countries.
  • The Apex Court claimed, nearly 2/3rd of all the Indian prisons are constituted with under-trial prisoners.

The Supreme Court of India has moved the Centre to consider on introducing a new streamlined enactment dealing with nature of the Bails naming it the Bails Act. The Supreme Court has stated that the current laws on bail are not that suitable for the current situations and cases. The Court claimed, that the prisons in India nearly 2/3rd is constituted with under-trial prisoners, as per a report submitted before the court.

The bench led by Justice Kaul and Justice Sundresh, while passing a judgement in a case over a bail petition filed by the accused who got arrested by the CBI, the court has seen a need for a new statute for dealing with the bail pleas that are being filed before the court. On the same, the Apex Court this Monday has moved the Centre to enact a new streamlined statute dealing with the nature of the bails. The current Code that is Criminal Procedure Code is a pre-Independence statute in a modified state.

The Investigating Agencies and the Judiciary are mostly reliant on this code to decide whether or not to grant bail to a prisoner who is under the custody of the State. The court said as a democratic country we should look into enacting more streamlined statutes for the benefit of society. The court stated that the majority of these under-trial prisoners are not even required to be arrested.

One of the reasons for having a new bail law is that the courts are facing a clogging number of bail petitions filed in front of them by under-trial prisoners who are in some categories like activists, journalists and political leaders. While looking at the same another report has stated that the crime rate in India is lower than in previous years and claimed that this factor is negatively affecting the courtnegatively when deciding any bail applications. This is because when the crime rate is getting closer to low, it will have an impact on the bail applications and the applicants, where the court will go into a state of conclusion that these bail applications have to be decided with a more strict state of mind, contrary to the law. It is also stated by the Apex court that it would be a great injustice for those who are in the custody of the police, even though they are not required to be in the custody. The Supreme Court has directed the High Courts to find out the under-trail prisoners and to see if they are meeting the conditions of bail or not, if anyone meets the conditions as per the bail provisions, they can be released under the bail, and for those who are not satisfied with the conditions are to be kept as it in prison within the custody of the police. 

The Apex court has also directed the Courts to dispose of the bail applications within two weeks except if the court thinks that anticipatory bail can be filed then the disposal time can be extended to six weeks. While stating all these, the Supreme Court has moved the Centre to enact a new streamlined Act for bails concentrating on the nature of the bails.

Section Editor: Nandakishore Menon | 15 Jul 2022 17:39pm IST

Tags : #Supremecourt, #Bail, #Highcourt, #Newenactment #Bailact #CrPC #policecustody #

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