Right of ordinary people to bail – UPSC Current
Right of ordinary people to bail
Why in News?
- The Supreme Court called upon the judges to protect personal liberty and the right of ordinary people to bail, saying “liberty is not a gift for the few”.
- Bail and its Types
- Definition: Bail is the conditional/provisional release of a person held under legal custody (in matters which are yet to be pronounced by the Court), by undertaking a promise to appear in the Court as and when required. It signifies a security/collateral deposited before the Court for release.
- In Supt. and Remembrancer of Legal Affairs v. Amiya Kumar Roy Choudhry (1973) case, the Calcutta High Court explained the principle behind giving Bail.
- Types of Bail in India:
- Regular Bail: It is a direction given by the Court (any Court within the country) to release a person who is already under arrest and kept in police custody. For such Bail, a person can file an application under Section 437 and 439 of the CrPC.
- Interim Bail: Bail granted for a temporary and short period by the Court till the application seeking Anticipatory Bail or Regular Bail is pending before a Court.
- Anticipatory Bail: A direction issued to release a person on Bail even before the person is arrested. In this situation, there is apprehension of arrest and the person is not arrested before the Bail is granted. For such Bail, a person can file an application under Sec. 438 of the Code of Criminal Procedure (CrPC). It is issued only by the Sessions Court and High Court.
CRACK UPSC EXAM IN 200 DAYS! –> CLICK HERE
PRELIMS + MAINS GUIDANCE PROGRAMME —> CLICK HERE
Spectrum Modern Indian History MCQs Video Series –> CLICK HERE
ART AND CULTURE MCQs VIDEO SERIES –> CLICK HERE
Welcome to Netmock. Netmock is India’s leading website for UPSC/IAS UPPCS preparation. Areas like General Studies, Current Affairs, Spectrum Modern Indian History, Indian Polity Laxmikant Indian Economy, Indian art and culture, Geography, Environment & Ecology, National issues, International issues, The Hindu analysis, The Hindu analysis, Current Affairs MCQs 100 and 200 days UPSC preparation are covered.
Prince Luthra Sir (AIR 577) will guide you throughout your journey of Prelims, Miains and Interview. Once you crack this exam you can also talk to Prince Sir about Lbsnaa as well as postings experiences.
All the best!