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Report No. 154

89. When bail may be taken in case of non-bailable offence: Amendment of section 437

Do you agree that section 437 be amended in the following manner in order to make the provision stringent and also to see that the person on bail does not interfere or intimidate witness, as provided in clause 42 of the Code of Criminal Procedure (Amendment) Bill, 1994:

"(1) in sub-section (1):

(a) in clause (11), for the words "a non-bailable and cognizable offence", the words "a cognizable offence punishable with imprisonment for three years or more but not less than seven years" shall be substituted;

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

"Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor."

(2) in sub-section (3) for the portion beginning with the words "the Court may impose", and ending with the words "the interest of justice", the following shall be substituted, namely:

"the Court shall impose the conditions:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,

(b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary."?

90. Amendment of section 437

Whether a proviso should be inserted namely where such person is a female, she shall ordinarily be released on bail unless the court thinks otherwise for the reasons to be recorded in writing?



The Code of Criminal Procedure, 1973 Back




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