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Report No. 78

6. Release on bond without sureties

(18) In regard to bailable offences, section 436(1), Code of Criminal Procedure, 1973, which empowers the officer or court to "discharge" a person on bond without sureties, should be amended by adding an Explanation to the effect that where a period of one month expires after arrest without the accused furnishing sureties, that shall (in the absence of reasons to the contrary as recorded) be a fit ground for release on bond without sureties.1 The word 'discharge' should be replaced by the word 'release' .2

(19) In regard to non-bailable offences, a discretion should be given to the officer or court to release a person on bond without sureties. Section 437(1), Code of Criminal Procedure, 1973 should be amended for the purpose.3

(20) A definition of "bail" should be inserted4 as section 2(aa) in the Code of Criminal Procedure, 1973 to make it clear that references to "bail" include references to a person released on bond without sureties, where such release is permitted by the Code.

(21) Further, in sections 395(3) and 439(1)(a) of the Code, power to release on bond without sureties should be expressly provided for.5

1. Paras. 6.3 to 6.5.

2. Para. 6.6.

3. Para. 6.5.

4. Paras. 6.6 and 6.7.

5. Para. 6.8.

Congestion of under trial Prisoners in Jails Back

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