Report No. 78

Chapter 2

Present Law, Comparative Position and Questions for Consideration

I. Bail: The Concept and History

2.1. Legislative authority for detention and release.-

Legislative authority for the detention of persons in prison for a suspected offence is provided by sections 167 and 309(2) of the Code of Criminal Procedure, 1973. The Code, however, makes a clear distinction between detention in custody before taking cognizance and detention in custody after taking cognizance. The former is covered by section 167, and the latter by section 309 of the Code. The two are mutually exclusive. Legislative authority for the release of such persons is primarily to be sought in the provisions relating to bail-sections 436, et seq., which deal with bail. We shall deal in due courses with the provisions relating to detention1 and release.2

1. Para. 2.6, infra.

2. Paras. 2.5 and 2.8 et seq, infra.