| Contents |
|
Acknowledgments |
|
Table of Contents |
| Chapter I |
Introduction |
| A. |
Context and Scope of Review |
| B. |
Statistical data and analysis |
| Chapter II |
International standards on bail and its constitutional manifestations |
| A. |
Presumption of innocence |
| B. |
Right to non-discrimination |
| C. |
Right to Liberty, Security and freedom from arbitrary detention |
| D. |
Right to speedy and fair trial |
| Chapter III |
Definition of Bail |
| Chapter IV |
Legal Provisions and Bail Mechanism in India |
| A. |
Arrest |
| B. |
Remand |
| Chapter V |
Bailable and Non-Bailable Offences |
| A. |
Bailable and Non-Bailable Offences |
| B. |
Default Bail or Statutory Bail |
| C. |
Non-bailable Offence |
| Chapter VI |
Anticipatory Bail |
| Chapter VII |
Cancellation of Bail |
| Chapter VIII |
Bail in Special Laws |
| A. |
Bail and Narcotics drugs and Psychotropic Substances Act, 1985 |
|
Cases Registered under NDPS |
| B. |
Terrorism and Bail |
| C. |
Organised Crime and Bail |
| D. |
Bail in Economic Offences |
| Chapter IX |
Bail Pending Appeal (1) |
| Chapter X |
Monetary Bail, Indigents and Under-trails (1) |
| Chapter XI |
Recommendations |
| A. |
Arrest |
| B. |
Default or Statutory Bail and Remand |
| C. |
Conditions That May be Imposed in Bail |
| D. |
Modifying the Classification in Schedule I |
| E. |
Anticipatory bail |
| F. |
Bail in Economic Offences |
| G. |
Special Laws |
| H. |
Need for modification of sections 436 and 436A of Cr.P.C. |
| I |
The need for a central intelligence database and electronic tagging |
| J. |
Public Prosecutor and the Victim |
| K. |
Risk Assessment |
| L. |
Exceptions |
| M. |
Prison infrastructure |
| Chapter XII |
Conclusion |
| Annexure A |
The Code of Criminal Procedure (Amendment) Bill, 2017 |
| 1. |
Short title, and application |
| 2. |
Amendment of section 2 |
| 3. |
Amendment of section 41 |
| 4. |
Amendment of section 41B |
| 5. |
Substitution of new section for section 58 |
| 6 and 7. |
Amendments of section 59 and ection 81 |
| 8. |
Substitution of new section for section 88 |
| 9. |
Amendment of section 167 |
| 10. |
Amendment of section 170 |
| 11. |
Amendment of section 171 |
| 12. |
Amendment of section 187 |
| 13. |
Amendment of section 262 |
| 14. |
Amendment of section 325 |
| 15. |
Amendment of section 360 |
| 16. |
Amendment of section 424 |
| 17. |
Amendment of section 436 |
| 18. |
Substitution of new section for section 436A |
| 19. |
Amendment of section 437 |
| 20. |
Substitution of new section for section 437A |
| 21. |
Amendment of section 438 |
| 22. |
Insertion of a new section 439A |
| 23. |
Substitution of new section for section 440 |
| 24. |
Substitution of new section for section 441 |
| 25. |
Substitution of new section for section 443 |
| 26. |
Amendment of section 444 |
| 27. |
Amendment of section 446 |
| 28. |
Substitution of new section for section 447 |
| 29. |
Substitution of new section for section 448 |
| 30. |
Amendment of Second Schedule |
|
Relevant Rules of the Delhi High Court |
|
Volume III Chapter 11 Part B |
|
Non-completion of Police investigation does not justify detention by Police |
|
Remand to be granted in cases of real necessity |
|
Magistrate should discourage tendency of Police to take remand to extort confession |
|
Remand cannot be granted for more than 15 days. Procedure when accused is brought before a Magistrate to obtain remand |
|
Accused must be produced before the Magistrate who should satisfy himself about necessity for remand |
|
Principles applying remand cases |
|
Procedure when a remand for more than 15 days is required for completion of the case |
|
Volume III Chapter 10 |
|
Principles governing grant of bail |
|
Recognizance |
|
Bail in non-bailable cases |
|
Cash or Government promissory notes may be accepted in lieu of bail |
|
Bail to be granted promptly |
|
Bail applications on holidays |
|
Inquiry about sufficiency of bonds |
|
Bail applications to be treated as urgent |
| Annexure - C |
Consultations on Bail Project |
| 1. |
Consultation with Judicial Officers |
| 2. |
Consultation with Police Officers |
| 3. |
Summary of suggestions from the Directorate of Police |
|
State of Assam |
|
Consultations on Bail Project |
