Law in 100 Words | Part 11 | Some Bail Law related reforms.

  1. Scope of bail hearing should be limited.  It should be clarified that a Bail hearing is not a mini trial, and a statutory amendment should clarify so. Especially, given the conflicting judicial decisions on this point.
  2. Reconsideration of higher threshold for bail in cases under special criminal laws. 
  3. Time-bound disposal of bail applications. Make it a statutory mandate.
  4. Alternatives to traditional monetary/property based bail (For instance, GPS Anklets, for instance, or revocation of passport, etc)
  5. Streamlining the process/safeguards relating to Look Out Circulars. Currently this rests on a very flimsy legal basis and is open to great misuse.  
  6. Harnessing technology to ensure no prolonged detention and decongest prisons. For instance, in default bail period computation (167(2)Proviso)/436A CrPC, etc, let’s leverage tech/ICJS, and notify each judge on their system/phone – how long accused in their jurisdiction have been behind the bars, as under trials.
  7. Crease out issues such as legal permissibility of Anticipatory Bail to Juveniles. 
  8. Statutorily regulate what conditions can be imposed at the time of Bail. Let’s clarify : Only those conditions which have a nexus with Bail can be imposed. (Aparna Bhat v. State, 2021) (So no more conditions of planting trees, distributing blankets, or Victim tying Rakhi on the Accused, and other bizarre conditions).

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  1. S R Agarwal

    Respected Sir,” today’s 💯 words know the law Series” on Bail reforms in India is like A clarion call.Sir,you’ve rightly explained the fundamental contention of bail reforms in India that will convert the ‘court of law’ into ‘court of justice’. This is a grave concern especially when NCRB data reveals that over half of the trials in the country end in acquittal of the accused. The overall conviction rate in India at the end of 2017 was 48.8%. The rate of conviction in countries like UK, US, France, Japan and Singapore is more than 90%.(thedailyguardian.com)
    Kind Regards/SR

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