Section 437A of the Code of Criminal Procedure (CrPC)

08.11.2023

Section 437A of the Code of Criminal Procedure (CrPC) , Daily Current Affairs , RACE IAS : Best IAS Coaching in Lucknow 

Why in the news?

On 6/11/2023, the Supreme Court issued a notice to the Center seeking its response on a petition challenging the constitutionality of Section 437A of the Code of Criminal Procedure (CrPC).

Important points:

• The Supreme Court issued a notice to the Center seeking its response on a plea challenging the constitutionality of Section 437A of the Code of Criminal Procedure (CrPC), which requires even an acquitted person to furnish surety and surety to ensure his release from jail. it occurs.
• The Chief Justice of India issued a notice seeking assistance from the Attorney General (AG) of India in the matter.

What is the matter?

• Chief Justice of India (CJI) D.Y. Chandrachud and Justice J.B. A bench of Justices Pardiwala and Justice Manoj Mishra heard the plea on CrPC Section 437A, which deals with allowing the accused to be released on bail by furnishing bail bonds and sureties during their appeal.
• The plea before the suprime court said the section hinders the administration of criminal justice and violates the fundamental right to liberty under Article 21.
• The petitioner has argued that the provisions under the section lack a 'spirit of proportionality' as the accused may be persons who lack financial resources and cannot get sureties. Insisting on bail with sureties will result in his continued imprisonment.
• The petitioner cited a previous order of the Allahabad High Court and said that in a situation where the bond is not executed but the person is acquitted, a personal bond should suffice.

About Section 437A of the Code of Criminal Procedure (CrPC):

• An acquitted person under Section 437A of CrPC is required to deposit a bail bond and sureties to be released from custody.
• Its purpose is to ensure the presence of the accused when he files an appeal in the High Court against acquittal.
• Its provision states that when an appeal or petition is filed against the judgment of the concerned court, the accused persons have to execute a bail bond with sureties to appear before the High Court.
• These bail bonds are valid for six months, and in case of non-appearance the bond will be confiscated and section 446 will be invoked.

Section 446 CrPC:

• It provides that once the court records its satisfaction as to the forfeiture of the bond, it shall be incumbent on the person bound by such bond to pay the fine or show cause why it should not be paid.
• If sufficient cause is not shown and the penalty has not been paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Code.
• Neither before the trial court nor before the appellate court, there is any applicability of Section 437A CrPC in cases where the accused has been convicted.
• Thus, the only time when the court needs to ask the accused to execute the bond is when the court acquits the accused.

What is acquittal under CrPC:

• The term "acquittal" refers to a judge's decision that legally confirms the innocence of the accused.
• As a result, it is awarded when the court determines that the accused has not committed the crime charged against him.
• This means that the prosecutor was unable to convince the judge that the case was beyond a reasonable doubt.
• If after evaluating the prosecution's evidence the judge concludes that there is no evidence that the accused has committed the offence, then the judge acquits the accused person under Section 232.
• However, if the offender is not acquitted under Section 232, he is allowed to present his case and evidence. The court can acquit or convict the person under Section 233 after hearing both the sides.