268th Report - Amendments to Criminal Procedure Code -1973 | Economic Survey & Government Reports - UPSC PDF Download

 Page 1


 
 
 
 
 
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
 
 
 
Report No.268 
 
 
 
 
 
Amendments to Criminal Procedure Code, 1973 
 – Provisions Relating to Bail 
 
 
 
May 2017 
 
 
 
Page 2


 
 
 
 
 
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
 
 
 
Report No.268 
 
 
 
 
 
Amendments to Criminal Procedure Code, 1973 
 – Provisions Relating to Bail 
 
 
 
May 2017 
 
 
 
   
ii 
  
Page 3


 
 
 
 
 
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
 
 
 
Report No.268 
 
 
 
 
 
Amendments to Criminal Procedure Code, 1973 
 – Provisions Relating to Bail 
 
 
 
May 2017 
 
 
 
   
ii 
  
   
iii 
 
Acknowledgments 
 
 The Report No.268 of the Law Commission of India, on bail reforms, 
titled “Amendments to Criminal Procedure Code, 1973 – Provisions Relating 
Bail ” has been possible with the able guidance from some of the eminent 
Judges, senior lawyers, researchers and Consultants to the Commission, 
apart from the Chairman and Members of the Commission. The 
Commission gratefully acknowledges the contribution made by the 
following persons in assisting it in preparation of the Report: 
 
1. Hon’ble Mr. Justice A P Sahi, Sr. Judge, Allahabad High Court 
2. Hon’ble Mr. Justice Pratyush Kumar, Judge, Allahabad High 
Court 
3. Hon’ble Justice Ms. Mukta Gupta, Judge, Delhi High Court 
4. Hon’ble Mr. Justice R Basant, Former Judge, Kerala High Court 
5. Shri Sidharth Luthra, Sr. Advocate, Supreme Court of India 
6. Shri Abhay, Addl. DG, CRPF 
7. Ms. Kumud Pal, Principal Secretary (Judicial), Govt. of UP 
8. Dr. Aparna Chandra, Professor, National Law University 
9. Dr. Mrinal Satish, Professor, National Law University 
10. Ms. Shikha Dhandharia, Former Consultant, Law Commission 
of India 
11. Ms. Aditi Sawant, Consultant, Law Commission of India 
 
 The Commission would also like to place on record its sincere 
gratitude to the Bureau of Police Research and Development and the 
Indian Law Institute, for arranging consultations on its behalf to discuss 
bail reforms in India.  Our sincere thanks are due to the participants of 
these consultations, viz., Hon ’ble Judges of Supreme Court and High 
Court of Delhi, Ld. Judicial Officers from various districts across the 
country and the officers of police from the different States, for their 
valuable input.  Thanks are also due to the Directors General of Police and 
the Directors General of Prosecution from the various States who 
responded to the Commission with their valuable suggestions. 
***  
Page 4


 
 
 
 
 
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
 
 
 
Report No.268 
 
 
 
 
 
Amendments to Criminal Procedure Code, 1973 
 – Provisions Relating to Bail 
 
 
 
May 2017 
 
 
 
   
ii 
  
   
iii 
 
Acknowledgments 
 
 The Report No.268 of the Law Commission of India, on bail reforms, 
titled “Amendments to Criminal Procedure Code, 1973 – Provisions Relating 
Bail ” has been possible with the able guidance from some of the eminent 
Judges, senior lawyers, researchers and Consultants to the Commission, 
apart from the Chairman and Members of the Commission. The 
Commission gratefully acknowledges the contribution made by the 
following persons in assisting it in preparation of the Report: 
 
1. Hon’ble Mr. Justice A P Sahi, Sr. Judge, Allahabad High Court 
2. Hon’ble Mr. Justice Pratyush Kumar, Judge, Allahabad High 
Court 
3. Hon’ble Justice Ms. Mukta Gupta, Judge, Delhi High Court 
4. Hon’ble Mr. Justice R Basant, Former Judge, Kerala High Court 
5. Shri Sidharth Luthra, Sr. Advocate, Supreme Court of India 
6. Shri Abhay, Addl. DG, CRPF 
7. Ms. Kumud Pal, Principal Secretary (Judicial), Govt. of UP 
8. Dr. Aparna Chandra, Professor, National Law University 
9. Dr. Mrinal Satish, Professor, National Law University 
10. Ms. Shikha Dhandharia, Former Consultant, Law Commission 
of India 
11. Ms. Aditi Sawant, Consultant, Law Commission of India 
 
 The Commission would also like to place on record its sincere 
gratitude to the Bureau of Police Research and Development and the 
Indian Law Institute, for arranging consultations on its behalf to discuss 
bail reforms in India.  Our sincere thanks are due to the participants of 
these consultations, viz., Hon ’ble Judges of Supreme Court and High 
Court of Delhi, Ld. Judicial Officers from various districts across the 
country and the officers of police from the different States, for their 
valuable input.  Thanks are also due to the Directors General of Police and 
the Directors General of Prosecution from the various States who 
responded to the Commission with their valuable suggestions. 
***  
   
iv 
Report No.268 
 
Amendments to Criminal Procedure Code, 1973 
 – Provisions Relating to Bail 
 
 
Table of Contents 
 
 
Chapter Title Page 
I Introduction 1-7 
A. Context and Scope of Review 3-4 
B. Statistical Data and Analysis 4-7 
II International Standards on Bail and its 
Constitutional Manifestations 
8-20 
A. Presumption of Innocence 9-11 
B. Right to non-discrimination 11-14 
C. Right to Liberty, Security and Freedom from 
arbitrary detention 
14-17 
D. Right to Speedy and Fair Trial 17-20 
III Definition of Bail 21-23 
IV Legal Provisions and Bail Mechanism in 
India 
24-32 
A. Arrest 24-29 
B. Remand 29-32 
V Bailable and Non Bailable Offences 33-45 
A. Bailable Offences 33-36 
B. Default Bail or Statutory Bail 36-37 
C. Non-bailable Offences 37-45 
VI Anticipatory Bail 46-53 
VII Cancellation of Bail 54-56 
 
Page 5


 
 
 
 
 
 
 
GOVERNMENT OF INDIA 
 
 
 
LAW COMMISSION OF INDIA 
 
 
 
 
Report No.268 
 
 
 
 
 
Amendments to Criminal Procedure Code, 1973 
 – Provisions Relating to Bail 
 
 
 
May 2017 
 
 
 
   
ii 
  
   
iii 
 
Acknowledgments 
 
 The Report No.268 of the Law Commission of India, on bail reforms, 
titled “Amendments to Criminal Procedure Code, 1973 – Provisions Relating 
Bail ” has been possible with the able guidance from some of the eminent 
Judges, senior lawyers, researchers and Consultants to the Commission, 
apart from the Chairman and Members of the Commission. The 
Commission gratefully acknowledges the contribution made by the 
following persons in assisting it in preparation of the Report: 
 
1. Hon’ble Mr. Justice A P Sahi, Sr. Judge, Allahabad High Court 
2. Hon’ble Mr. Justice Pratyush Kumar, Judge, Allahabad High 
Court 
3. Hon’ble Justice Ms. Mukta Gupta, Judge, Delhi High Court 
4. Hon’ble Mr. Justice R Basant, Former Judge, Kerala High Court 
5. Shri Sidharth Luthra, Sr. Advocate, Supreme Court of India 
6. Shri Abhay, Addl. DG, CRPF 
7. Ms. Kumud Pal, Principal Secretary (Judicial), Govt. of UP 
8. Dr. Aparna Chandra, Professor, National Law University 
9. Dr. Mrinal Satish, Professor, National Law University 
10. Ms. Shikha Dhandharia, Former Consultant, Law Commission 
of India 
11. Ms. Aditi Sawant, Consultant, Law Commission of India 
 
 The Commission would also like to place on record its sincere 
gratitude to the Bureau of Police Research and Development and the 
Indian Law Institute, for arranging consultations on its behalf to discuss 
bail reforms in India.  Our sincere thanks are due to the participants of 
these consultations, viz., Hon ’ble Judges of Supreme Court and High 
Court of Delhi, Ld. Judicial Officers from various districts across the 
country and the officers of police from the different States, for their 
valuable input.  Thanks are also due to the Directors General of Police and 
the Directors General of Prosecution from the various States who 
responded to the Commission with their valuable suggestions. 
***  
   
iv 
Report No.268 
 
Amendments to Criminal Procedure Code, 1973 
 – Provisions Relating to Bail 
 
 
Table of Contents 
 
 
Chapter Title Page 
I Introduction 1-7 
A. Context and Scope of Review 3-4 
B. Statistical Data and Analysis 4-7 
II International Standards on Bail and its 
Constitutional Manifestations 
8-20 
A. Presumption of Innocence 9-11 
B. Right to non-discrimination 11-14 
C. Right to Liberty, Security and Freedom from 
arbitrary detention 
14-17 
D. Right to Speedy and Fair Trial 17-20 
III Definition of Bail 21-23 
IV Legal Provisions and Bail Mechanism in 
India 
24-32 
A. Arrest 24-29 
B. Remand 29-32 
V Bailable and Non Bailable Offences 33-45 
A. Bailable Offences 33-36 
B. Default Bail or Statutory Bail 36-37 
C. Non-bailable Offences 37-45 
VI Anticipatory Bail 46-53 
VII Cancellation of Bail 54-56 
 
   
v 
VIII Bail in Special Laws 57-69 
A. Bail and Narcotics Drugs and Psychotropic 
Substances Act, 1985 
57-60 
B. Terrorism and Bail 60-65 
C. Organised Crime and Bail 65-67 
D. Bail in Economic Offences 67-69 
IX Bail Pending Appeal 70-77 
X Monetary Bail – Indigents and Undertrials 78-85 
XI Recommendations 86- 
A. Arrest 87-88 
B. Default or Statutory Bail and Remand 88-91 
C. Conditions that may be Imposed in Bail 91-93 
D. Modifying the Classification in Schedule I 94 
E. Anticipatory Bail 94-96 
F. Bail in Economic Offence 96-97 
G. Special Law 97-98 
H. Need for modification of sections 436 and 
436A of Cr.P.C. 
98-99 
I. The Need for a central Intelligence database 
and Electronic tagging 
99-101 
J. Public Prosecutor and Victim 101-102 
K. Risk Assessment 102-104 
L. Exceptions 104 
M. Prison Infrastructure 104-105 
XII Conclusion 106-107 
Annexure A Criminal Law Amendment Bill, 2017 108-117 
Annexure B Relevant Rules of Delhi High Court 118-122 
Annexure C Consultations on Bail Project 123-127