| Contents |
| 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 |
