Articles, Bail

§43D (5) of the Unlawful Activities Prevention Act, 1967 and the Reconstruction of Bail Law

-By Aanish Aggarwal* Introduction The Unlawful Activities Prevention Act (‘UAPA’), 1967 was established by the Indian Government for prevention of certain unlawful activities of individuals and organisations, and to also deal with matters related to terrorism. The UAPA became India’s primary act dealing with terrorism and other related activities following the repeal of the Prevention… Continue reading §43D (5) of the Unlawful Activities Prevention Act, 1967 and the Reconstruction of Bail Law

Articles, Bail, Contemporary

Right to Default Bail: Corona Conundrum

-By Rishabh Rai* & Nikhil Ajmera** On 23rd March 2020 a 3-judge bench of the Supreme Court in IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION used its power under Article 142 read with Article 141 of the Indian Constitution and passed an order whereby it extended the period of limitation in all the proceedings for… Continue reading Right to Default Bail: Corona Conundrum

Articles, Bail, Contemporary

Contribution to PM Care Fund and Installation of Aarogya Setu App as a Condition for Bail: Som Marandi v. State of Jharkhand- Establishing a Problematic Precedent in the face of a Pandemic

-By Mishika Rathore* & Akash Anurag** Introduction The term "bail" is an important part of criminal jurisprudence globally. However, the Code of Criminal Procedure, 1973, does not define "bail". Bail has been best defined in a Madras High Court case as "securing the release of a person under custody on a promise to appear before… Continue reading Contribution to PM Care Fund and Installation of Aarogya Setu App as a Condition for Bail: Som Marandi v. State of Jharkhand- Establishing a Problematic Precedent in the face of a Pandemic

Anticipatory Bail, Bail, Explained

Anticipatory Bail and the Effect of its Omissions

-By Srijan Jha* and Rijul Dubey** Part- II Having discussed the principles behind the application of anticipatory bail in the previous post, this part of the article elaborates two aspects in which the application of s.438 is omitted, i.e. territorial omission, omission from a special crime. i.             Territorial Curtailment ofs.438 During emergency, the Uttar Pradesh… Continue reading Anticipatory Bail and the Effect of its Omissions