Supreme Court Recommends Union Govt to Introduce Separate Act to Streamline Grant of Bail
Recently the Supreme Court has highlighted the shortcomings in the application of rules for grant of bail. Also, the court has suggested the Center to pass a separate Act to streamline the bail process.
- A ‘bail’ is the conditional release of a defendant, with a promise by the defendant to appear in court if required.
- Section-41 and Section-41A of the Code of Criminal Procedure (Cr.P.C) are related to the arrest of a person.
- The court, in Arnesh Kumar v State of Bihar, had asked the states to direct the police not to make arrests immediately after the Supreme Court granted bail in petty offences. Instead they should follow the screening procedures prescribed in the above sections.
- “Bail and not Jail” is a basic rule framed by the Supreme Court.
- Bail is a right, not a favour: As per Section 436 of CrPC, if the offense charged is bailable, the accused is entitled to bail in case of a right.
- The court has issued directions to ensure compliance of due process for arrest. These also include directions to fix time limit for disposal of bail applications.
Source – The Hindu