Why in the news?
The Supreme Court has granted interim bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case till to campaign for the Lok Sabha elections.
What is Interim Bail?
- Interim bail in India is a temporary release granted to an accused person from custody under Section 439 Cr.
- It can be granted to address urgent matters such as medical emergencies, family crises, or other significant personal issues.
Legal Provisions for Interim Bail
Interim bail in India is NOT explicitly defined under a specific statute but is derived from the discretionary powers granted to courts under various legal provisions.
The most relevant laws and principles include:
- Code of Criminal Procedure, 1973 (CrPC): While the CrPC does not explicitly mention “interim bail,” it provides the framework for granting bail in general. Sections like 437 (bail in non-bailable cases by Magistrate), 438 (anticipatory bail), and 439 (special powers of High Court or Court of Session regarding bail) are used by courts to grant bail, including interim bail, based on judicial discretion.
- Constitutional Provisions: The Constitution of India under Article 21, which guarantees the right to life and personal liberty, is often interpreted to include the right to bail as part of the fair and just legal process.
Back2Basics: What is Bail?
Why need Bail?
Types of Bail in India
Conditions for Grant of Bail in Bailable Offences
Conditions for Grant of Bail in Non-Bailable Offences
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PYQ:[2021] With reference to India, consider the following statements :â 1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.â 2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.â Which of the statements given above is/are correct?â
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