BAIL
BAIL
BAIL
Lawyer
Right to Legal Representation
Right to Legal Representation
in Indian Law
Article 22(1), Constitution of India
If free legal aid is not provided to accused who require it, then the
trial will run the risk of being vitiated as it will be in contravention
to Article 21.
Human
Member of
Woman / Child Trafficking / Disabled Person
SC/ST
Begar
2 Accused is a Female
90
DAYS
In respect of offences punishable with death, life
imprisonment or more than 10 years
60
DAYS
For other offences, i.e., equal to or less than 10 years
On the expiry of 90 or 60 days, as the case may be, the accused shall
be released on bail
Right to Bail
Section 436A, Criminal Procedure Code
No person to be detained for more than the maximum prescribed imprisonment
Trial cannot be
completed within 60
DAYS
after the first date fixed
for taking evidence
NO!
The money is to be given only
if s/he defaults in appearing
before the court.
PROBLEM 2
NO!
A surety cannot be rejected on
the ground that the person is
from a different district or state.
(Moti Ram v/s State of M.P.
AIR 1978 SC 1594)
PROBLEM 3
NO!
Conditions imposed on person
should not be unreasonable or
too harsh or amount to virtual
denial of bail.
Prison Visiting System
Main Agencies that make PVS work
Board of
Visitors
Prison Staff
Government
Why do we need PVS?
Make
Initial talk with Interview Talk to Concluding talk
Visit the Consult notes in
the the other with the
prison the the
Superintendent prisoners prison Superintendent/
premises registers Visitors
/ Jailor in private staff Jailor
Book
Checklist for Prison Visitor
Material Conditions
(i) Capacity and occupancy of the establishment (at the time of the visit)
(ii) Cells
(iii) Food
Prison Staff
Treatment
Protection Measures
(v) Registers
Thank You!