For Reasonable and Evidence-Based Bail

For Reasonable and Evidence-Based Bail

Bail in its essence is a great balance in between the right to liberty of the person implicated in an offense and the interests of society at big. The Law Commission of India has advised the federal government to adjust the bail law according to the altering times, altering patterns of criminal offenses, and the arbitrariness revealed by the judiciary in the exercise of its discretion.

While declining the idea of a stand-alone law for bail, the 21st Law Commission led by a previous Supreme Court judge, Justice B.S. Chauhan, recommends modifications in the Code of Criminal Procedure in its 268th report. The Commission found that the “existing system of bail in India is insufficient and ineffective to achieve its function.”.

It keeps in mind that monstrous criminal activities including severe violence are on the increase throughout the nation. Murder has increased by 250%, rape by 873%, and kidnapping and kidnapping by 749% since 1953.

Even more, with inadequate facilities, the absence of modernization of investigative equipment and other obstacles, the bail system cannot be made into a remedy to guarantee a responsive criminal justice system in India.

Supplying core concepts and recommending modifications in working out the powers to give or reject bail, the Criminal Law (Amendment) Bill of 2017 is a breath of fresh air. It highlights that bail practices ought to be reasonable and evidence-based. The Law Commission has recommended that choices about custody or release must not be affected to the hindrance of the person implicated of an offense by aspects such as gender, race, ethnic background, financial conditions or social status.

It even more recommended that bail practices need to attend to 2 crucial objectives: develops safeguards to avoid the danger of the implicated cannot appear in court on a scheduled date, and safeguard the security of victims of the criminal offense, and society.

The Commission also highlights the need to reduce pretrial confinement of an implicated.

The report recommends futuristic steps like electronic tagging to minimize both fugitive rates (by enabling the accused to be quickly situated) and federal government expenses (by minimizing the variety of offenders apprehended at state cost).

The Commission proposes a main digital database in the format of a Criminal Tracking Network and Systems plan to be used to make sure that the person implicated an offense marks his look.


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