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Report No. 78

Congestion of Under-Trial Prisoners in Jails

Chapter 1 Introductory
I. Scope and Genesis
1.1 Genesis of the Report
2. Possible remedies to prevent intermixing
3 Scheme of discussion
4. Previous studies
II. Magnitude of the Problem
5. High Percentage of under-trial prisoners
6. Finance Commission's Report
7. Material forwarded by a senior Police officer
III. Interval and Bail
8. Interval between commencement of detention and final termination of proceedings
9. Principles of jurisprudence and penology
10. Conflicting considerations
IV. Problem not Confined to India
11. Problem not confined to India
12. British Conference
13. Decision on merits of bail
14. U.N. Studies
15. Human Rights
V. Earlier Studies In India
16. Earlier studies of prison problems
17. Developments in 1923 and upto 1947
18. Developments between 1935 and 1948
19. Post 1948 developments
20. Report by Dr. Reckless
21. Jail Manual Committee
22. Working Groups on Prisons
VI. Possible Remedies
23. Measures to deal with prisoners
24. Relevancy of law of bail
25. Factors determining right to bail
26. Three types of under-trial prisoners
VII. Avoidance of Delay
27. Importance of avoiding delay
VIII. Meaning of Under-Trial
28. Meaning of under-trial in this Report
Chapter 2 Present Law, Comparative Position and Questions for Consideration
I. Bail: The Concept and History
2.1. Legislative authority for detention and release
2. History of bail
3. Aspects necessity
4. Position under Code of Criminal Procedure as to grant of bail
II. Present Position
5. Present position
General position
Provisions leaning in favour of bail
Provisions restrictive of discretion
High Court and Court of Session
III. Solicitude of the Law
6. Provisions imposing time limits in regard to cases of trial for offences
7. Time limit for certain proceedings relating to bonds for keeping the peace or good behaviour
IV. Meaning of 'Bail'
8. Meaning of bai.- whether it includes personal bond
V. Principles for Release on Bail in Case of Non-Bailable Offences
9,10. Bail for non-bailable offences
11. Principles of grant of bai
12. Cancellation of bail
VI. Purpose and Amount
13,14. Purpose of bail
15. Amount of bail
VII. The Criminal Law Amendment Act, 1932
16. Criminal Law Amendment Act, 1932
17. Section 10, Criminal Law Amendment Act, 1932
VIII. Comparative Position
18 Right to bail in England
19. Bail Hostels in England
IX. Questions for Consideration
20. Importance of financial deterrents in present law
21. Conflicting considerations and two approaches
22. Liberal approach
23. Reconciliation between liberty of the individual and demands of enforcement
24. Misuse of freedom by persons released on bail
25. Points for consideration
Chapter 3 Expeditious Disposal of Cases
3.1. Earlier Report
2. Group of recommendations
3. Strengthening the subordinate judiciary
4. Improving machinery and equipment
5. Existing provisions and administrative measures to avoidance delay
6. Amendment of procedural law
7. Target for disposal and giving preference to cases involving under-trial prisoners
8. Strictness in disposal
9. Periodical statements
10. Arrests during agitation
11. Security proceedings
12. Delay in investigation
13. Need for speedy investigation
14. Adjournments
Chapter 4 Expansion of the Category of Bailable Offences
4.1. Enlargement of number of bailable offences
2. Non-bailable offences under the Indian Penal Code
I. Offences under The I.P.C. Punishable with Imprisonment upto 3 Years
3. General approach
4. Various considerations
5. Recommendation as to certain offences under the I.P.C., punishable with imprisonment upto three years
6,7. Counterfeiting of coins
II. Offences under the Indian Penal Code Punishable with Imprisonment for more than Three Years
8. Offences punishable with imprisonment for more than three years
9. Offences punishable with more than 3 years but less than 7 years
III. Offences under other Laws
10. Offences under other laws
11. Need for amending the First Schedule, Part II, Cr. P.C., 1978
12. No serious impact as law and order
13. Recommendation for amendment of law
14. Official Secrets Act
15. Recommendation to amend Cr. P.C., 1973, First Schedule, Part II
Chapter 5 Amount of Bond
5.1,2. Difficulties caused by demand for bail for excessive amount
3. Foreigners or persons having propensity for absconding
4. SLegal maximum not favoured
5. Suggestion for statutory limit on amount of bail not favoured
6. No change recommended
Chapter 6 Release on Bond without Sureties
6.1. Bond without sureties
2. Need to liberalise provisions for release on bond
3. Outline of the amendmen
4. Non-bailable offences
5. Recommendation to amend section 436(1) and section 437, Cr. P.C., 1973
6. Recommendation to amend section 436(1), proviso, Cr. P.C
7. Definition of "bail" to be inserted in section 2, Cr. P.C
8. Recommendation to amend section 395(3) and section 439(1)(b), Cr. P.C
Chapter 7 Obligation to Appear and Surrender-violation to be an Offence
7.1. Insertion of new section in the Cr. P.C. recommended
2. Amendment of I.P.C. recommended
3. Amendment of First Schedule, Part I, Cr. P.C., 1973
Chapter 8 Arrangements for Detention
8.1. Separate arrangements for detention of under-trial prisoners
2. Separate places of detention
3. Bail Hostels
4. Conditions of detention
Chapter 9 Summary of Conclusions and Recommendations
9.1. Introductory
2. Present law, comparative position and questions for consideration
3. Disposal of cases
4. Expansion of the category of bailable offences
5. Amount of bond
6. Release on bond without sureties
7. Obligation to appear and surrender-violation to be an offence
8. Arrangements for detention
Appendix 1 List of Offences under the Indian Penal Code which are Non Bailable at Present and which Should be Made Bailable According to the Recommendations in the Report
Appendix 2 Figures of Under-Trial Prisoners in Certain Jails
Central Jail, Ambala
Central Jail, New Delhi
Appendix 3 Present Position as Regards Certain Offences Affecting National Security or Economy under Special Laws
Appendix 4 Section 53. Criminal Justice Act, 1972 (English):-provision of Day Training Centres, Bail Hostels, Probation Hostels, Etc
Appendix 5 Sections Providing for Release on Personal Bond1

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