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Report No. 78

Chapter 7

Obligation to Appear and Surrender-violation to be an Offence

7.1. Insertion of new section in the Cr. P.C. recommended.-

Consequential on the recommendations made in this Report to liberalise the law relating to bail'1it will be necessary to create an offence of failure, on the part of a person released on bail or on bond without sureties, to appear in compliance with the terms of the bond and surrender to custody. In the first place, in order to make it mandatory for the person so released to appeal and surrender, we recommend that a new section should be inserted in the Code of Criminal Procedure, 1973, as follows:-

"441A. A person released on bail2 or on bond without sureties in criminal proceedings shall be bound to comply with the terms of the bond executed for the purpose in the matter of appearance in court or before the police officer and surrender to custody."

1. Chapters 4 to 6, supra,

2. If a definition of "bail" is inserted, then reference is not necessary.

Congestion of under trial Prisoners in Jails Back

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