Section 437A CrPC

Supreme Court: A bench consisting of DY Chandrachud, CJ with JB Pardiwala and Manoj Misra, JJ. issued notice seeking response from the Central Government in a plea challenging constitutionality of Section 437-A of the Criminal Procedure Code, 1973 (‘CrPC’). The Bench also sought assistance from Attorney General for India, R. Venkataramani.

Section 437-A of CrPC pertains to bail bonds furnished by the accused persons for being released on bail after acquittal. It has been claimed that Sections 437-A and 354(d) of CrPC are contradictory since Section 354(d) obliges the Courts to set the accused at liberty. Reference was particularly made to the decisions of High Courts of Allahabad, Kerala and Delhi regarding interpretation of ‘shall’ in Section 437A as directive rather than mandatory.

It was pleaded before the Court that the provision lacks sense of proportionality with specific reference to persons lacking financial resources and unable to find sureties, that insisting on bail with sureties would lead to continuation of their incarceration.

Source: Press

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