Law Commission Recommends Sweeping Changes to Bail Provisions

New Delhi: Applying for bail and pondering over bail applications forms the most accessed part of the criminal justice system and now the 21st law commission of India, headed by Justice BS Chauhan, in its 268th report titled ‘‘Amendments to Criminal Procedure Code, 1973 – Provisions relating to Bail’, has stated that the present system of bail in India was “inefficient’ and ‘inadequate.’

The commission in its report has stated that it was asked to prepare a ‘standalone bail act’ but then was asked to make changes in the Criminal Procedure Code itself.

The commission has suggested that when a person is arrested without a warrant, the arresting officer has to make the person aware of the case in the language he understands so that he can avail legal remedies and also move an application for bail. Such advice, the commission said, should be oral and written.

To further speed up the process, the commission has also reiterated what a recent apex court verdict held and recommended that bail applications should be decided by subordinate courts within a week and high courts shall frame the rules accordingly.

The commission has made changes to provisions of the criminal procedure code too. In Section 436A of the CrPC, where the under trial accused is involved in an offence which is punishable with seven years’ imprisonment, the commission has suggested that the accused be released on bail after spending one third of the maximum punishment laid down for that offence.

The law panel has also taken into consideration the fact that poor people often face problems with the payment of surety. Hence, it has recommended that in case an accused is granted bail but is not able to furnish sureties within 30 days and moves an application for varying the bail conditions, the court would hear the case accordingly. The commission has also kept the door open for the acceptance of non-local surety after investigation by the investigating officer.

However, the commission has recommended that the courts should not opt for a “liberal approach” while deciding granting of bail in cases of economic offences.