SC presses need for reform on tedious bail processes

Subject: Polity

Section :Constitution

Concept:

At a recent conference in Varanasi, Justice Kaul said the inflow of bail and remission cases to the Supreme Court was so high that “some kind of revolution” or “out of the box thinking” would be required on the part of the government to change things.

Indian Law on Bail

The CrPC does not define the word bail but only categories offenses under the Indian Penal Code as ‘bailable’ and ‘non-bailable’.
The CrPC empowers magistrates to grant bail for bailable offenses as a matter of right.
This would involve release on furnishing a bail bond, without or without security.
In case of Non-bailable offenses , a magistrate would determine if the accused is fit to be released on bail.
Non-bailable offenses are cognizable, which enables the police officer to arrest without a warrant.
Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offense 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 offenses.
It is the discretion of the court to grant bail in case of non-bailable offenses.