OBJECTIVES: • A detailed study on provisions of bail and anticipatory bail under the Indian criminal law. • Studies the classification of offences as bailable and non-bailable. • Discussed the various grounds for granting and rejection of bail and anticipatory bail. HYPOTHESIS • Grant of bail is a rule and refusal is an exception. • When bail is refused it is a restriction on personal liberty of the individual guaranteed by Article 21 of the Constitution and therefore, such refusal must be rare. LIMITATIONS The study is limited to the criminal laws of India and focuses on the provisions of granting of, rejection and cancellation of bail and anticipatory bail respectively. Due to constraint of time, no comparative study was undertaken and …show more content…
Secondary sources include text books of noted authors namely- Lectures on Criminal Procedure, R.V. Kelkar Websites: www.indiankanoon.com www.scconline.com www.lawyesclubindia.com www.legalindia.com www.lawmantra.com SCHEME OF THE STUDY:- The research work is arranged into 12 Chapters with an explanatory Introduction and Conclusion. Chapter I: Meaning of Bail; Chapter II: Bailable and Non- bailable offences; Chapter III: When and When not can Bail be granted; Chapter IV: Bail for Bailable offences Chapter V: Bail for Non- bailable offences; Chapter VI: Conditions on Bail Chapter VII: When Bail can be Denied; Chapter VIII: Cancellation of Bail Chapter IX: Appeal provisions for Bail; Chapter XI: When Anticipatory Bail may be Granted Chapter X: Anticipatory Bail; Chapter XII: Refusal of Anticipatory bail RESEARCH METHODOLOGY:- The methodology adopted for the study is doctrinal. The approach is analytical and not empirical. Elaborate explanations and discussions are provided relating to provisions of bail and anticipatory bail. The study is not comparative as it is focussed only on a national level laying emphasis on the Indian criminal laws.
Conclusion: Congress hoped to achieve a greater degree of accuracy in assessing flight and danger of arrestees through establishing the Bail Reform Act of 1984, which set objective guidelines for judicial officers in assessing release conditions including taking into account for the first time the probability an offender will re-offend while on pretrial release. It was also hoped that the Act would bring back the community's trust in bond setting practice. Overall, the benefits of the Bail Reform Act of 1984 do exceed any detriments, but some problems do exist. These problems include the uniformity in the application of the Bail Reform Act of 1984, as well as the interpretation of dangerousness to the community. Through future legislative and executive reform, this Act will go through multiple changes until these issues are addressed.
This decision requires that unless a suspect in custody has been informed of his constitutional rights before questioning anything he says may not be introduced in a court of law.
...tive Assembly yet not yet introduced to the Legislative Council, the Bill passed both houses of Parliament. The new Bill’s intention is to allow provision for bail with connection to criminal and other proceedings and replace the Bail Act 1978. The establishment of a new recently developed, straightforward bail system that espouses a risk management approach when deciding whether the accused is granted bail. Under this new legislation authorities must bear in mind the following when considering to grant an accused bail; Does the person present a risk of endangering the communities safety, committing a serious offence, interfering with witnesses or fail to appear at an appointed time? This system will offer greater uniformity by detaching complexities predominately relating to the resumptions scheme, while taking into great consideration the safety of the community.
The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use it in a way that is very general that describes it as the entire spectrum of laws that deal with the criminal justice system while others use shorthand ways which terms it as substantive criminal law, which is very true.
The Miranda warnings stem from a United States Court’s decision in the case, Miranda v. Arizona. There are two basic conditions that must be met for Miranda warnings to be required: the suspect must be in official police custody and the suspect must be under interrogation. The suspect goes through a booking process after an arrest. The suspect will have a bond hearing shortly after the completion of the booking process or after arraignment. The arraignment is the suspect’s first court appearance to officially hear the charges filed against him or her and to enter a plea. The preliminary hearing or grand jury proceeding determines if there is substantial evidence for the suspect to be tried for the crime charged. In this essay, I will identify and describe at least four rights afforded criminal defendants at the arrest stage and during pretrial. I will analyze the facts presented and other relevant factors in the scenario provided. I will cite legal authority to support my conclusions.
In Western cultures imprisonment is the universal method of punishing criminals (Chapman 571). According to criminologists locking up criminals may not even be an effective form of punishment. First, the prison sentences do not serve as an example to deter future criminals, which is indicated, in the increased rates of criminal behavior over the years. Secondly, prisons may protect the average citizen from crimes but the violence is then diverted to prison workers and other inmates. Finally, inmates are locked together which impedes their rehabilitation and exposes them too more criminal
All the laws, which concern with the administration of justice in cases where an individual has been accused of a crime, always begin with the initial investigation of the crime and end either with imposition of punishment or with the unconditional release of the person. Most of the time it is the duty of the members of constituted authorities to inflict the punishment. Thus it can be said that almost all of the punishments are an act of self-defense and an act of defending the community against different types of offences. According to Professor Hart “the ultimate justification of any punishment is not that it is deterrent but that it is the emphatic denunciation by the community of a crime” (Hart P.65). Whenever the punishments are inflicted having rationale and humane factor in mind and not motivated by our punitive passions and pleasures then it can be justified otherwise it is nothing but a brutal act of terrorism. Prison System: It has often been argued that the criminals and convicted prisoners are being set free while the law-abiding citizens are starving. Some people are strongly opposed the present prison and parole system and said that prisoners are not given any chance for parole. Prisons must provide the following results: Keep dangerous criminals off the street Create a deterrent for creating a crime The deterrent for creating a crime can be justified in the following four types Retribution: according to this type, the goal of prison is to give people, who commit a crime, what they deserved Deterrence: in this type of justification, the goal of punishment is to prevent certain type of conduct Reform: reform type describes that crime is a disease and so the goal of punishment is to heal people Incapacitation: the...
Davenport, A.U. (2009). Basic criminal law: the constitution, procedure, and crimes (2nd ed).Upper Saddle River, New Jersey: Prentice.
United States locks up more people, per capita, than any other nation. Bail system has failed to keep people arrested out jail and the increasing rate of people in jail is alarming. Many District Attorney forment defendant to take a plea deal, instead of waiting for a trial (Buettner). Bail reform has help put fewer people in jail, but has lead to many lost jobs for people who works at the jail. Bail system is a profit motive for the bail industry.
"It has long been an important part of our constitutional tradition that bail should not be excessive. The introduction of the Criminal Justice Acts 2006-2007 and the Criminal Justice (Miscellaneous Provisions) Act 2009 has made the procedure for bail ever more stringent.” In relation to the above statement, it is evident that with the development of the law governing Bail in this jurisdiction, whilst comparing both the regimes before and after the passing of the Bail Act in 1997, that the overall procedure regarding bail has become more rigorous in recent years. When Bail is granted to the accused it means that this person is released from custody in for an agreed fee to be paid to the courts if he does not show up to the next court sitting.
Before 1991, there was no statutory provision or general statutory framework comprising aims of sentencing which courts ought to rely upon. This had left the courts to decide on its own based on the facts of the case what is the best sentence for offender. However, by granting unlimited power of the court in fixing sentence, this caused uncertainty as on what basis the courts has reached upon such sentence. Hence, in 1991, CJA was set up in order to have a systematic approach to achieve aims of punishment. The main provisions under the 1991 Act were dominant by retributive theories which focused on sentences must commensurate with the seriousness of the offence. However, some parts of the legislation reflect utilitarian theories in the g...
Coyle (2005). The 'Standard'. To say whether using prison as a form of punishment has aid in the quest of tackling the crime problem, one must first consider the purposes of the prison.... ... middle of paper ... ...
The case of AZ v Mauro, a necessary precursor to the case analysis is defining the application of Miranda Rights (Miranda v. Arizona) and the difference between an unlawful or lawful interrogation within the Miranda Rights. The most commonly misinterpreted actions that prompt the need for Miranda, which is only necessary if a formal custody and an interrogation will coincide. When Mirandized or given a Miranda warning informing an individual of their rights against self-incrimination, protected under the Fifth Amendment. These rights advise that the individual being arrested and taken into custody may choose to not answer any incriminating questions (which excludes standard identity or booking questions) without an attorney present. Otherwise
consideration" . And this very definition of bailment was used by the Supreme Court of India in the case of Gujarat v. Menon Mohammad .
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.