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‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book

Gaurav Pathak
15 Jan 2015 5:00 PM GMT
‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book
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"Recommendation in regard to amendments in the CrPC is pending before the Law Commission of India and it has been requested to examine and give its findings on all aspects of criminal law...," submitted the Additional Solicitor General Mr. Sanjay Jain to the Delhi High Court which was hearing a petition pertaining to a provision, i.e. Section 437A of Criminal Procedure Code provision that requires furnishing of a bond by a person for release from prison even after his acquittal in a criminal case.

He also informed the Court that a similar matter was pending before the Allahabad High Court.

In addition, the standing counsel of the Delhi Government submitted to the court that only four prisoners are such who are inside jail despite being acquitted in a case. However, they are also required in other cases.

Taking into consideration the submissions made by the ASG and the Standing Counsel, the bench of Chief Justice Rohini and Justice Endlaw reportedly said, "now it (plea) does not appear to be an issue at all. We are satisfied with the report and submissions, the petition is disposed of".

The public interest litigation was reportedly filed by Delhi State Legal Services Authority and it had prayed for striking down of Section 437 A from the Code of Criminal Procedure.

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