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Report No. 78

7.2. Amendment of I.P.C. recommended.-

The obligation so undertaken should be made enforceable by a suitable penal provision. The penal provision could be appropriately inserted in the Indian Penal Code, somewhat on these lines:-

Section to be inserted in the Indian Penal Code

"229A. Failure to comply with terms of bond.-(1) If a person who has been released on bail or on bond1 without sureties in criminal proceedings fails without reasonable cause to appear or surrender to custody, in compliance with the terms of the bond executed for the purpose, he shall be guilty of an offence.

(2) If a person who-

(a) has been released on bail or bond without sureties in criminal proceedings, and

(b) having reasonable cause therefore, has failed to appear or surrender to custody in compliance with the terms of the bond executed for the purpose, fails to appear and surrender to custody at the appointed place as soon after the appointed time as is reasonably practicable, he shall be guilty of an offence.

(3) It shall be for the accused to prove that he had reasonable cause for his failure to appear or surrender to custody.

(4) An offence under sub-section (1) or (2) shall be punishable with imprisonment for a term not exceeding two years or with fine or both.

Explanation.-The punishment under this section is-

(a) in addition to the punishment to which the offender would be liable on a Conviction for the offence which is the subject-matter of the criminal proceedings, and

(b) in addition to the power of the court to order forfeiture of the bond."

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



Congestion of under trial Prisoners in Jails Back




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