Law Commission recommends changes to make bail easy

NEW DELHI: The Law Commission has underlined the need for a complete overhaul in the manner bails are granted by courts. In its proposal on making the process easy and uniform, the commission suggested fast disposal of bail applications, easier surety requirements and “electronic tagging” of hardened criminals to keep a tab on them when they are out of jail.

In its report submitted to the government on Wednesday, The commission, headed by retired Supreme Court judge BS Chauhan, made a slew of recommendations proposing amendments in the Criminal Procedure Code.

It suggested release of an accused who lacks the financial wherewithal to furnish sureties on the submission of “Aadhaar, PAN card or any other document recognised by law”. The commission recommended that disposal of bail applications by subordinate courts be done “normally” within a week. Significantly, it proposed a strict approach towards accused involved in economic offences.

“All forms of economic offences which include tax evasion, customs offences or bank fraud should be dealt with strictly and provision for restricted bail in such offences should be incorporated in the Criminal Procedure Code or appropriate special statutes for the purpose of granting or refusing bail. Bail in matters of economic offences be treated differently and sternly,” the report said.

In a recommendation aimed at safeguarding the interests and protection of victims, it endorsed consultation of the victim with the state counsel. It suggested that a ‘victim assessment report’ be prepared by the prosecutor in consultation with the victim to assess the threat perception to the victim if the accused is released on bail.