Section 436-A of the Code of Criminal Procedure (CrPC)

Source- This post on Section 436A of Code of Criminal Procedure, 1973 has been created based on the article “Why Sharjeel Imam was granted bail — and why he still will not be released” published in “Indian Express” on 31 May 2024.

Why in News?

Sharjeel Imam who was convicted in the case of sedition and unlawful activity under the stringent Unlawful Activities Prevention Act (UAPA) was granted statutory bail but he will not be released from custody.

About Section 436A of Code of Criminal Procedure, 1973

1. Section 436A was added to the Code of Criminal Procedure, 1973, through an amendment in 2005. It focuses on undertrials who individuals are still awaiting trial and not yet convicted.

2. According to this section, if an undertrial has been detained for a period that equals half the maximum sentence possible for the crime they are accused of (except for crimes punishable by death), then they are eligible to be released on bail.

3. This release can be on their personal promise to return to court, known as a personal bond, and may or may not include a surety, which is a guarantee by another person.

4. However, the court can decide to keep the person in detention for longer than half the maximum sentence if there are good reasons to do so. These reasons must be written down after hearing from the Public Prosecutor.

What are the protections for undertrials

1. About Statutory Bail: Statutory bail is granted under Section 436-A of the Code of Criminal Procedure (CrPC). This provision mandates release if an undertrial has served half the maximum period of the prescribed sentence for the offense addressing the issue of long undertrial detentions.

2. It must be noted that individual may continuously be detained despite being granted bail in one casein case he/she is accused of multiple cases across various jurisdictions.

3. If someone is accused of a bailable offense, the court must grant them bail if they agree to pay bail bond. For non-bailable offenses, the decision to grant bail is up to the court.

4. Under Section 167(2) of the CrPC, default bail is granted if the police fail to file a charge sheet within the stipulated time (60 days for lesser offenses, 90 days for severe offenses). This provision underscores the rights of the accused against undue detention.

5. This helps to prevent people from being held in jail for a long time without trial. However, this only applies to crimes listed under the Indian Penal Code (IPC).

6. For crimes under stricter laws like the UAPA, the police have more time to investigate.

Read More- Default Bail

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