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Report No. 268

Amendments to Criminal Procedure Code, 1973
- Provisions Relating to Bail

Table of Contents
Chapter I Introduction
A. Context and Scope of Review
B. Statistical data and analysis
Chapter II International standards on bail and its constitutional manifestations
A. Presumption of innocence
B. Right to non-discrimination
C. Right to Liberty, Security and freedom from arbitrary detention
D. Right to speedy and fair trial
Chapter III Definition of Bail
Chapter IV Legal Provisions and Bail Mechanism in India
A. Arrest
B. Remand
Chapter V Bailable and Non-Bailable Offences
A. Bailable and Non-Bailable Offences
B. Default Bail or Statutory Bail
C. Non-bailable Offence
Chapter VI Anticipatory Bail
Chapter VII Cancellation of Bail
Chapter VIII Bail in Special Laws
A. Bail and Narcotics drugs and Psychotropic Substances Act, 1985
Cases Registered under NDPS
B. Terrorism and Bail
C. Organised Crime and Bail
D. Bail in Economic Offences
Chapter IX Bail Pending Appeal (1)
Chapter X Monetary Bail, Indigents and Under-trails (1)
Chapter XI Recommendations
A. Arrest
B. Default or Statutory Bail and Remand
C. Conditions That May be Imposed in Bail
D. Modifying the Classification in Schedule I
E. Anticipatory bail
F. Bail in Economic Offences
G. Special Laws
H. Need for modification of sections 436 and 436A of Cr.P.C.
I The need for a central intelligence database and electronic tagging
J. Public Prosecutor and the Victim
K. Risk Assessment
L. Exceptions
M. Prison infrastructure
Chapter XII Conclusion
Annexure A The Code of Criminal Procedure (Amendment) Bill, 2017
1. Short title, and application
2. Amendment of section 2
3. Amendment of section 41
4. Amendment of section 41B
5. Substitution of new section for section 58
6 and 7. Amendments of section 59 and ection 81
8. Substitution of new section for section 88
9. Amendment of section 167
10. Amendment of section 170
11. Amendment of section 171
12. Amendment of section 187
13. Amendment of section 262
14. Amendment of section 325
15. Amendment of section 360
16. Amendment of section 424
17. Amendment of section 436
18. Substitution of new section for section 436A
19. Amendment of section 437
20. Substitution of new section for section 437A
21. Amendment of section 438
22. Insertion of a new section 439A
23. Substitution of new section for section 440
24. Substitution of new section for section 441
25. Substitution of new section for section 443
26. Amendment of section 444
27. Amendment of section 446
28. Substitution of new section for section 447
29. Substitution of new section for section 448
30. Amendment of Second Schedule
Relevant Rules of the Delhi High Court
Volume III Chapter 11 Part B
Non-completion of Police investigation does not justify detention by Police
Remand to be granted in cases of real necessity
Magistrate should discourage tendency of Police to take remand to extort confession
Remand cannot be granted for more than 15 days. Procedure when accused is brought before a Magistrate to obtain remand
Accused must be produced before the Magistrate who should satisfy himself about necessity for remand
Principles applying remand cases
Procedure when a remand for more than 15 days is required for completion of the case
Volume III Chapter 10
Principles governing grant of bail
Bail in non-bailable cases
Cash or Government promissory notes may be accepted in lieu of bail
Bail to be granted promptly
Bail applications on holidays
Inquiry about sufficiency of bonds
Bail applications to be treated as urgent
Annexure - C Consultations on Bail Project
1. Consultation with Judicial Officers
2. Consultation with Police Officers
3. Summary of suggestions from the Directorate of Police
State of Assam
Consultations on Bail Project

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