Report No. 78

IX. Questions for Consideration

2.20. Importance of financial deterrents in present law.-

In the light of this brief survey of the position in India and England, let us now deal with the considerations that would be relevant in formulating the questions for determination. The principal object of bail is to ensure that the person released on bail will attend the trial. This object, as the law stands at present, is sought to be achieved by adopting a particular method, wherein the financial deterrent is an essential ingredient. The present provisions as to bail take into account the following postulates:-

(a) need for a financial deterrent to ensure attendance of the person released on bond;

(b) need to prevent tampering with evidence;

(c) desirability of not releasing on bail persons accused of serious offences.