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LATEST NEWS UPDATES | How US & UK made bail the rule, jail the exception, and why SC wants specific law in India -Akshat Jain

How US & UK made bail the rule, jail the exception, and why SC wants specific law in India -Akshat Jain

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published Published on Jul 16, 2022   modified Modified on Jul 18, 2022

-ThePrint.in

Govt should consider enacting a bail Act, SC said Monday. Countries including US, UK, Australia & New Zealand have comprehensive laws that govern rules of granting and refusing bail.

New Delhi: The Supreme Court Monday proposed the introduction of a comprehensive bail law in India to deal with the rising pendency of bail applications, and discussed how such laws are in force in other jurisdictions including the UK and the US.

A division bench of Justice Sanjay Kishan Kaul and Justice M.M. Sundresh said that the central government “may consider the introduction of a special enactment in nature of a bail Act”.

The court was considering petitions filed before it seeking clarification on an order passed in October 2021, which had categorised different types of bail. In India, the Code of Criminal Procedure (CrPC) is the primary legislation that deals with the law on bail.

The CrPC does not define bail, but the Indian Penal Code (IPC) categorises offences as ‘bailable’ and ‘non-bailable’. For the former, the CrPC empowers magistrates to grant bail to the accused as a matter of right, conditional on a bail bond, with or without security.

Non-bailable offences are cognisable offences, where the police may arrest without a warrant, and the magistrate determines whether the accused is fit to be released on bail.

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ThePrint.in, 16 July, 2022, https://theprint.in/judiciary/how-us-uk-made-bail-the-rule-jail-the-exception-and-why-sc-wants-specific-law-in-india/1038612/


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