(a) whether there is no fixed formula for granting bail in various cases lodged under various sections, if so, the details thereof;
(b) whether the Government has directed Law Commission to draft a Bill for grant of bail in the year 2015, if so, the status thereof; and
(c) whether the Government proposes to formulate a ‘Formula policy’ for granting bail for protection of fundamental rights of undertrails languishing in jails as a result of delay in granting bail?
THE MINISTER OF LAW AND JUSTICE
(SHRI KIREN RIJIJU)
(a) to (c) The Law Commission of India has given its 268th Report titled “Amendments to Criminal Procedural Code, 1973 – Provisions Relating to Bail.” As the subject matter is in the Concurrent List, the report of the Law Commission was circulated to the States/ UTs on 23rd August, 2017 for their views.
The Department- related Parliamentary Standing Committee on Home Affairs, in its 146th Report dated the 23rd June, 2010, had recommended that there is a need for a comprehensive review of the Criminal Justice System of the country. Earlier, the Parliamentary Standing Committee in its 111th and 128th Reports had also stressed upon the need to reform and rationalize the criminal law of the country by introducing a comprehensive legislation in Parliament rather than bringing about piece meal amendments in respective Acts.