Concept of Bail and Article 21 (Indian Polity)
Concept of Bail and Article 21 (Indian Polity)
Context:
Supreme Court in its recent judgement opined that Section 43-D(5) of the UAPA Act remains subordinate to Article 21 of the constitution and a constitutional court need not hold back bail to the accused in the garb of Section 43-D(5).
Supreme Court Observations:
Above observations made by Apex court in a judgment allowing bail to a Jammu and Kashmir man accused in a narco-terrorism case in which he had been incarcerated as an undertrial under the UAPA for ve years.
Judges opined that the right to personal liberty and speedy trial cannot become “subordinate” to the draconian bail provision, Section 43-D (5), of the UAPA.
Concept of Bail:
Bail is defined as “the security for the appearance of the accused person on which he is released pending trial or investigation.”
Bail was earlier not defined in CrPC 1973 but was added under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Section 2(1)(c) classifies offences into Bailable and non-bailable offences.
In bailable offences, bail is generally a right
In non-bailable offences, grant of bail depends on judicial discretion.
Bail bond is major procedural reform undertaken by the BNSS.
This reform simplifies procedural terminology, improves legal clarity and reduce unnecessary incarceration of poor accused persons.
This aligns with constitutional principles under Article 14, 21 and 39-A(equal access to justice).
Bail and its Types:
Regular Bail: Granted after arrest and detention.
Anticipatory Bail: Granted before arrest in anticipation of arrest.
Interim Bail: Temporary bail granted for a short period.
Default Bail: Bail arising due to failure of investigation within statutory time.
Bail conditions are stricter under special laws such as:
Unlawful Activities (Prevention) Act, 1967
Narcotic Drugs and Psychotropic Substances Act, 1985
Prevention of Money Laundering Act, 2002.
In such above laws, special thresholds applies to bail and ordinary BNSS principles may be overridden.