Needs of Uniform Bail Act in India

  • Dr. Anindita Choudhury

Abstract

India is passing through her transitional period, when this journey would ends is not known .Since the world is a community, almost all the rich and developed Countries are having Bail act, some of these are USA, UK, Newzealand, Canada, Switzerland and Australia and other  Countries  all of them have their  own legislation on Bail.   In India the law relating to Bail is scattered in a so many Act and code, like Cr.P.C, evidence act, IPC.  Mainly Bail matter found in Criminal procedure code, besides the Cr.P.C Bail matter is also mentioned in NDPS Act , Terrorist disruptive Activities Act  , Prevention of Money laundering Act, Unlawful activities prevention Act etc., but provisions of the Bail is harder in these special law. In the Year 2017, September, Union law Minister had asked the than Law Secretary to ask the Law Commission of India to recommend stand Alone Bail Act.   Prison population of India is extremely high as out of Total Prison Population 67% are under trial prisoners who have been suffering detention due to none granting of Bail to them. As per example in Bihar Prison there are 20,372 nos of are under trial prisoner out of which Prisoner are only 38 in numbers. As on December 2015, according to NCRB statement India only 537 are convicted prisoners and 2, 37,588 are under trial prisoners means all of those under trial prisoners awaiting for bail, this is due to failure of Bail system mechanism, so like the most of the rich and developed Countries there should be a uniform bail act covering the worry of accused including the need of the society.

Published
2019-12-31
Section
Articles