INTRODUCTION
The honourable high court of Andhra Pradesh in its recent judgement has held that rape is not just physical violence and adopting a liberal approach in such cases will go against the interest of the society. The judgement was made in a case involving a non-bailable offence and it emphasizes the need to carve out exceptions in the matters of bail based on the facts and circumstances revolving around the case, nature of offence and its effect on the society instead of strictly relying on the bail is the rule doctrine which emphasizes the need to grant bail and denial of the same in exceptional circumstances.
BACKGROUND
The Bhartiya Nagarik Suraksha Sanhitha, 2023 was passed to deal with the procedure, the courts have to follow in criminal cases. Section 480 and Section 483 deals with the matters of bail in non-bailable offences and when the same is seen in the light of the principles laid down by the Hon’ble Supreme court, it is evident that the courts have to follow a liberal approach when dealing in the matters of bail.
The reason for the need of a liberal approach in matters of bail stems from the need to balance justice against the presumption of innocence and personal liberty of the accused. Hence, came the doctrine of “bail is the rule, jail is an exception”. Furthermore, the court should not delve into the facts of the case which may prejudice the accused and reasons for granting or not granting a bail shall be recorded.
In the recent times, the doctrine has been relied upon in multiple cases, in order to get bail in serious crimes. However, the same cannot be tenable in law if the granting of the bail is against the interest of the society and there is a substantial need for such an exception to be carved out in cases involving serious crimes.
KEY POINTS
The hon’ble high court of Andhra Pradesh in its recent decision denyied the bail to the accused on the grounds of interest of the society. The court referred to the case of Masso V State of U.P, wherein
- … Though at the stage of granting bail, an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided, but there is a need to indicate in such order reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence.
In other words, the Hon’ble Supreme court held that the court cannot delve deep into the facts and circumstances of the case which causes prejudice to the accused and is further obligated to record reasons for granting of bail to accused who is charged of having committed a serious offence.
In the light of the doctrine of Bail is the rule and the apex court judgement, it is quite clear that bail shall be granted if the procedural requirements as laid down in the section 480 of BNSS, 2023 are met and only in exceptional circumstances the bail shall be denied
RECENT DEVELOPMENTS
The accused in the current case is charged under sections 70(1), 77, 351(2), 69 and 75(1) of BNS, 2023 and is seeking bail under section 480 and 483 of BNSS, 2023. The facts of the case entail a sexual relationship between A1 and the victim under the pretext of marriage while the relationship between A3 to A4 with the victim entails a coercive relationship which can be best described as criminal intimidation for sexual favours. A1 did not challenge the nature of relationship and further did not deny that A2, A3 and A4 are his friends.
The court, followed the apex court principles and did not delve into the facts of the case which causes prejudice to the accused but it rather relied on the charges framed and the arguments of the council to decide on the matter of bail. The court considered the need to balance justice and presumption of innocence as laid down in the criminal jurisprudence and the personal liberty of the accused but took the stance that the accused cannot be given bail in the interest of the society.
CONCLUSION
The recent judgement dealing with the matter of bail under section 480 and 483 of BNSS, 2023 has carved out an exception to the doctrine of Bail is the rule and has substantiated its reasoning for refusing the bail through the statement, “rape cannot be considered mere physical assault and adopting a liberal approach while granting bail in such cases goes against the interest of the society.” The judgement has a two-fold effect. Firstly, it brought forth the need to consider the nature of offence and its effect on the society while granting a bail and secondly the court carved out the current exception in consonance with the principles laid down by the Hon’ble Supreme Court making it a legitimate and landmark judgement in the bail jurisprudence.
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WRITTEN BY LALITHA SASANKA G
