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Report No. 78

6.7. Definition of "bail" to be inserted in section 2, Cr. P.C.-

Our recommendation above1 to enlarge the scope of the power to release on a bond without sureties has been made as a matter of policy. It is now necessary to deal with a question of language, connected with this very subject. Our recommendation for inserting provisions for the release of a person on his bond without sureties in certain contingencies,2 will add to the existing provision3 in the Code of Criminal Procedure which permits such release.

In this position, it is necessary to introduce in the Code a clarification applicable to other provisions of the Code which make a reference to 'bail'. We have, in mind, provisions which do not themselves give a power of release, but refer to other provisions under which bail is granted. A clarification to the effect that references (in such provisions) to "bail" include release on a bond without sureties, when such release is permitted by the Code is, in our view, needed to give full effect to the scope of such provisions. Accordingly, we recommend that the following clause should be inserted as clause (aa) in section 2 of the Code of Criminal Procedure, 1973 which contains the definitions:

"(aa) references to 'bail' include release on a bond without sureties, where such release is permitted by this Code."

1. Para. 6.5, supra.

2. Paras. 3.3 to 6.5, supra.

3. Section 435(1), Proviso, Code of Criminal Procedure, 1973.

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