: India’s judiciary wants a new bail law – but wouldn’t implementing existing rules do the job anyway? #IndiaNEWS “More than 2/3rd of the inmates of the prisons constitute undertrial prisoners.

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India’s judiciary wants a new bail law – but wouldn’t implementing existing rules do the job anyway? #IndiaNEWS
“More than 2/3rd of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, majority may not even be required to be arrested…,� the Supreme Court noted in a judgment on Monday, as it restated the law on bail and issued directions for states to ensure compliance with the legal procedure laid down for arrests. It also asked the Centre to consider passing a separate law on bail to ensure that an objective process is followed in the granting of bail by courts.However, several legal experts believe that the problem with the current bail system is not the absence of adequate laws but the non-application of existing ones. Therefore, they suggest that instead of laying down directions and clarifications, it would be more effective if courts upheld existing laws on bail and penalised investigation agencies and lower courts for any breaches.What did the court hold?The court reiterated several previous judgments and guidelines regarding bail. Further, it noted that the numerous conditions that need to be complied with while arresting an accused are often not followed.For instance, Section 41 of the Code of Criminal Procedure says that for offences carrying a punishment of less than seven years, the accused should not be...Read more

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