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Law panel’s recommendations make it easier for undertrials to post bail

As first reported by DNA, the law panel recommended to the government to replace surety bond with Aadhaar or PAN card, and it also suggested to the courts not to insist on local sureties for out-of-town accused.

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Getting released on bail may soon become much easier for undertrials, especially for the ones who are cash-strapped, as the Law Commission of India on Wednesday recommended a slew of reformative changes in the bail law. Suggesting various amendments in the Criminal Procedure Code, the commission batted for an early release on bail of undertrials languishing in India’s overcrowded jails.

The suggestions assume much significance because, of the 4.16 lakh prisoners in the country, 2.83 lakh prisoners are undertrials. According to the 2015 data of National Crime Records Bureau, 11 states in the country had overcrowded prisons. 

As first reported by DNA, the law panel recommended to the government to replace surety bond with Aadhaar or PAN card, and it also suggested to the courts not to insist on local sureties for out-of-town accused.

The commission made the recommendation after noting that the poor often face problems with getting a surety, who can be held accountable on his behalf if the accused tries to flee. 

Recommendations

Replacement of surety bond with Aadhaar or Pan card in cases of minor offences
Courts should not insist on local sureties for out-of-town accused persons
Introduction of the “electronically monitored (EM) bail” in India to ensure accused cannot flee
Bail plea to be decided by lower courts within a week

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