Chapter

Bail and Remand

B. Uma Devi

in Arrest, Detention, and Criminal Justice System

Published in print March 2012 | ISBN: 9780198075998
Published online September 2012 | e-ISBN: 9780199080953 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198075998.003.0027
Bail and Remand

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The institution of bail seeks to synthesise the right to liberty of one who has not yet been proved guilty and the requirement to ensure appearance of an accused person at trial. The Constitution vests the power to extend the period of detention of an arrested person beyond twenty-four hours. Under Sections 167 and 209 of the CrPC, a magistrate can pass remand orders pending investigation and pending committal to competent court respectively. Under Section 309, a court can pass remand orders pending inquiry or trial. This chapter argues that it is highly unreasonable that in the name of conducting investigation/trial, the State keeps under detention for prolonged periods persons whose guilt has yet to be proven. In the process, the constitutionally proclaimed rights of the individuals are given a go-by.

Keywords: bail; liberty; detention; remands; pending inquiry; CrPC; accused person; guilt

Chapter.  6781 words. 

Subjects: Human Rights and Immigration

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