Report No. 154

87. In what cases bail to be taken: Amendment to section 436

Do you agree that section 436 (1) of the Code be amended in the following manner in view of the fact that in respect of bailable offences, a person has to remain in jail for his inability to furnish bail, till the case is disposed of, as provided in clause 40 of the Code of Criminal Procedure (Amendment) Bill, 1994:

"(a) in the first proviso for the words "may, instead of taking bail" the words "may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail" shall be substituted;

(b) after the first proviso the following Explanation shall be inserted, namely:

Explanation-Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the court to presume that he is an indigent person for the purposes of this proviso"?