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Report No. 268

A. Context and Scope of Review

1.7 The Department of Legal Affairs, Ministry of Law and Justice, Government of India, vide its letter dated 11.09.2015 forwarded a note from the Minister of Law and Justice dated 01.09.2015, on the need for a Bail Act in India. The Department made a reference to the Law Commission "to examine the desirability of having a separate Bail Act, keeping in view the similar provisions in the United Kingdom and other countries." Later however, the Law Commission vide letter dated 21.12.2016 was referred to achieve the objective by bringing necessary changes in the existing provisions of the Cr.P.C.

1.8 While the bail laws in India are refined in many ways through developments in law, a great deal remains to be accomplished. At the behest of the Ministry of Law and Justice, Government of India, this Law Commission of India has undertaken the task of reviewing the prevalent law and procedure on bail. Recognizing the fact that reforming the criminal justice system would be time-consuming, the Law Commission considers it appropriate to address issues relating to bail on a priority basis.

The reason for prioritising this particular review was the recognition of the fact that there is a substantial public interest involved. More importantly, it has an impact on concept of rights in jurisprudence and the Indian constitution. In pursuance of the above mandate, the Commission entered into consultation with various stakeholders like Bureau of Police Research and Development (BPR&D), Judiciary, Indian Law Institute, academicians, lawyers and public prosecutors to have comprehensive view of this issue5.

Amendments to Criminal Procedure Code, 1973 - Provisions relating to Bail Back

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