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22nd July 2023
QUIZ - 22nd July 2023
5 Questions
5 Minutes
Editorials
Context:
Pertaining to the recent grant of regular bail to activist Teesta Setalvad, it is essential to note that it is within the authority of Courts to adjudicate cases of default bail, irrespective of the position of the Police. This ensures protection of the rights of the accused and facilitates speedy trials.
The legal status of bail:
- Article 21 of the Indian constitution: It provides everyone the right to life and personal liberty which entitles us to seek bail when detained by any law enforcement entity.
- Section 438 of Code of Criminal Procedure, 1973: Section 2(a) defines the terms “Bailable Offence” and “Non-Bailable Offence”. The term bail is not defined in the CrPC.
- Article 11 of the Universal Declaration of Human Rights: Bail, particularly anticipatory bail, is a fundamental value established in Article 11 of the Universal Declaration of Human Rights.
Classification of bail:
- Regular Bail: Regular bail is frequently issued to an individual who has previously been arrested and detained by police.
- Anticipatory Bail: If a person suspects that he may be arrested for a non-bailable offence, he may petition for anticipatory bail.
- Statutory Bail: As the name implies, statutory bail is given when the police or investigating agency fails to file its report/complaint within a certain time frame.
Procedure for granting bail:
- Common sense approach- Courts should adopt a clear-headed and common sense approach while considering the grant of bail
- Police opposition to bail should not be the only basis- Court should eschew the tendency to keep someone in prison merely because the police oppose bail with great vehemence.
- Conditions to be checked before granting bail- An order of bail must be the norm after considering whether the accused is likely to ?ee justice or will be available for trial, and if, once freed, will be in a position to in?uence witnesses or tamper with evidence.
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