Hindi English Translation || Editorial || Cart before the horse: on bail law in India

Cart before the horse: on bail law in India

Police should not arrest first and then fish for a possible offence (अपराध, अवैध/गैरकानूनी कार्य)

Two recent pronouncements (घोषणा, कथन), one a judicial order and another a public speech by the Chief Justice of India (CJI), have drawn attention to (की ओर ध्यान आकर्षित) the manner (तौर-तरीका, तरीका) in which bail (जमानत) law operates in the country. While the Supreme Court, in Satender Kumar Antil vs CBI, has sought to expand the scope (extent, range, reach, sweep, purview; purpose or intention) for the grant (अनुदान, जारी करने) of early bail to those arrested without sufficient cause (कारण, आधार), the CJI, N.V. Ramana, has bemoaned (दुख प्रकट करना, विलाप करना, पछताना) the injury (चोट, क्षति) to personal liberty (व्यक्तिगत स्वतंत्रता) caused by hasty (reckless, impulsive, rash, irresponsible, quick, hurried) arrests, hurdles (बाधा, कठिनाई, समस्या) in the way of (के रास्ते में) releasing suspects (संदिग्ध व्यक्ति, आरोपी) on bail and the prolonged (लंबा, दीर्घकालीन) incarceration (कैद, कारावास, हिरासत) of those under trial. The expressions of concern (used to raise awareness to a possible problem) are a timely (prompt, appropriate, opportune, well timed, at the right time) reminder to regimes (government) that have been using their police powers to crack down on (get tough on, take severe measures against, clamp down on) critics (criticizer, censurer, castigator, fault-finder), activists (a person who supports a political change or cause; (or societal change/cause)) and those not politically aligned with (join forces with, join up with, form an alliance with, ally with, align oneself with, link up with, combine with) them. However, there is an irony (paradox, incongruity, peculiarity; contradiction, a strange/funny situation where things are happening the other way around (than expected)) in courts batting (support, back, defend someone) for personal liberty and lamenting (complain about, deplore, regret, protest against, speak out against, object to, oppose, disagree with) indiscriminate (thoughtless, unthinking, unconsidered, casual, careless, aimless, foolish, mindless, impulsive, ill-considered) arrests on the one hand, but routinely denying bail or postponing bail hearings (court case, inquiry, legal proceedings) on the other. Nevertheless (in spite of that, anyway, nonetheless, even so), the verdict reiterating (repeat, say again, restate) the major principles in favour of granting bail and laying down constructive (productive, useful/helpful, practical/effective) guidelines for arrest is quite (in every respect, in all respects, without exception) valuable. For instance (for example), the Bench (a court of law with a number of judges) has called for (require, publicly ask/necessitate, demand) standing orders (an order/ruling governing the procedures) to adhere to (abide by, stick to, hold to, comply with, act in accordance with, conform to) the Arnesh Kumar (2014) principles, based on Sections 41 and 41A of the Code of Criminal Procedure (The Code of Criminal Procedure (in India). The main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. CrPC tells about the criminal trial procedure) under which a police officer is required to record reasons for arresting an accused and is expected to issue a notice of appearance (a paper filed in court notifying the court and the other people involved, that a person (or their lawyer ) is participating in the case; a party’s formal entry into a lawsuit) in cases involving offences that attract a prison term of less than seven years.

The verdict has other positive aspects: setting time limits for the disposal of bail and anticipatory bail (Under Section 438 of the Criminal Procedure Code, the provision allows a person can request to get bail in anticipation of being accused of having committed a non-bailable offence in India) applications and underscoring (underline, emphasize, highlight) that an arrest must be made only when actually required, or to prevent the accused from fleeing (run away, run off, take flight, escape) justice or tampering (alter, damage, change; interfere/meddle) with evidence. In an interesting contribution (allowance, donation, offering, handout), the Bench has mooted (put forward, introduce, present) a separate ‘Bail Act’ on the lines (way, method, process, manner) of the one in the United Kingdom to streamline (make more efficient, hone, simplify, reorganize, rationalize) the bail process. It is indeed (in fact, actually, undeniably) true that despite the basics of bail law being quite known, especially that bail is the rule, and its denial the exception, there are glaring (evident, flagrant, blatant, obvious) inconsistencies over who gets bail, who is denied it and at what stage it is given. A separate law may provide a common reference point, but whether it will put an end to (abolish, do away with, get rid of, scrap, end, stop, terminate, eradicate, eliminate) the country’s unstated (unidentified, undecided, undetermined, uncertain) rule, ‘show me the man, and I will show you the law’, will ever fade away. The state of the magistracy (the office of a magistrate.) also requires an overhaul (reorganization, restructuring, rearrangement). Magistrates seem conditioned (adapt, adjust, prepare, ready) to authorising mechanical (automatic, unthinking, unconscious, involuntary, instinctive, inattentive) remand whenever someone is produced before them, and to decline bail as soon as the prosecutor (a lawyer who presents the government’s case against someone accused of a crime; State counsel) opposes it. Therefore, it is indeed welcome that the Court has made it clear that bail can be considered even without a formal application at the stage of production before the court, or when a person responds to a summons or warrant. More than the law, the police must first put an end to the practice of reflexively ((in a manner) without applying mind; automatically, spontaneously/instinctively) arresting first and then fishing for a possible offence.

Courtesy: The Hindu

Important Word List With Meaning

1.bail (noun)

Hindi Meaning - जमानत
English Meaning - conditional, temporary release of an arrested/imprisoned person when a specified amount of security is deposited or pledged (as cash or property) to ensure his/her appearance in court when required.

2.offence (noun)

Hindi Meaning - अपराध, अवैध/गैरकानूनी कार्य
English Meaning - crime, illegal/unlawful act, breach/violation of the law, wrongdoing, act of misconduct, misdeed.

3.pronouncement (noun)

Hindi Meaning - घोषणा, कथन
English Meaning - announcement, declaration, formal statement, assertion.

4.draw attention to (phrase)

Hindi Meaning - की ओर ध्यान आकर्षित
English Meaning - emphasize, put stress on, underscore, underline, highlight.

5.manner (noun)

Hindi Meaning - तौर-तरीका, तरीका
English Meaning - way, method, procedure.

6.grant (noun)

Hindi Meaning - अनुदान, जारी करने
English Meaning - issuance.

7.cause (noun)

Hindi Meaning - कारण, आधार
English Meaning - reason, grounds, basis, motive, pretext, purpose.

8.bemoan (verb)

Hindi Meaning - दुख प्रकट करना, विलाप करना, पछताना
English Meaning - express regret/sorrow about, complain about, express discontent.

9.injury (noun)

Hindi Meaning - चोट, क्षति
English Meaning - damage.

10.personal liberty (noun)

Hindi Meaning - व्यक्तिगत स्वतंत्रता
English Meaning - it means the liberty of an individual to behave as one pleases except for those restraints imposed by laws and codes of conduct of the society in which one lives to safeguard the physical, moral, political, and economic welfare of others.

11.hurdle (noun)

Hindi Meaning - बाधा, कठिनाई, समस्या
English Meaning - obstacle, difficulty, problem, barrier, impediment, obstruction, hindrance.

12.(come/get) in the way of (phrase)

Hindi Meaning - के रास्ते में
English Meaning - obstruct, interfere, prevent, hamper, impede, thwart.

13.suspect (noun)

Hindi Meaning - संदिग्ध व्यक्ति, आरोपी
English Meaning - accused, suspected person.

14.prolonged (adjective)

Hindi Meaning - लंबा, दीर्घकालीन
English Meaning - lengthy, extended, protracted, unending.

15.incarceration (noun)

Hindi Meaning - कैद, कारावास, हिरासत
English Meaning - imprisonment, confinement, custody.

16.put the cart before the horse (phrase)

English Meaning - do things in the wrong order; reverse/change the method of doing something.

17.fish (verb)

English Meaning - search, delve, look.

18.sought past tense of seek (verb)

English Meaning - try, aim, attempt.

19.scope (noun)

English Meaning - extent, range, reach, sweep, purview; purpose or intention.

20.liberty (noun)

English Meaning - freedom, independence.

21.hasty (adjective)

English Meaning - reckless, impulsive, rash, irresponsible, quick, hurried.

22.trial (noun)

English Meaning - hearing, inquiry, litigation, judicial proceedings.

23.expressions of concern (phrase)

English Meaning - used to raise awareness to a possible problem.

24.timely (adjective)

English Meaning - prompt, appropriate, opportune, well timed, at the right time.

25.regime (noun)

English Meaning - government.

26.crack down on (phrasal verb)

English Meaning - get tough on, take severe measures against, clamp down on.

27.critic (noun)

English Meaning - criticizer, censurer, castigator, fault-finder.

28.activist (adjective)

English Meaning - a person who supports a political change or cause; (or societal change/cause).

29.align with (verb)

English Meaning - join forces with, join up with, form an alliance with, ally with, align oneself with, link up with, combine with.

30.irony (noun)

English Meaning - paradox, incongruity, peculiarity; contradiction, a strange/funny situation where things are happening the other way around (than expected).

31.bat (verb)

English Meaning - support, back, defend someone.

32.lament (verb)

English Meaning - complain about, deplore, regret, protest against, speak out against, object to, oppose, disagree with.

33.indiscriminate (adjective)

English Meaning - thoughtless, unthinking, unconsidered, casual, careless, aimless, foolish, mindless, impulsive, ill-considered.

34.on the one hand (phrase)

English Meaning - it is used to introduce the first of two contrasting different, points, facts, or ways of looking at something. It is always followed later by “on the other hand” or ‘on the other’.

35.hearing (noun)

English Meaning - court case, inquiry, legal proceedings.

36.nevertheless (adverb)

English Meaning - in spite of that, anyway, nonetheless, even so.

37.reiterate (verb)

English Meaning - repeat, say again, restate.

38.in favour of (phrase)

English Meaning - in support of, to the advantage of, approving of.

39.lay down (phrasal verb)

English Meaning - state clearly, define, prescribe, specify, stipulate.

40.constructive (adjective)

English Meaning - productive, useful/helpful, practical/effective.

41.quite (adverb)

English Meaning - in every respect, in all respects, without exception.

42.for instance (phrase)

English Meaning - for example.

43.bench (noun)

English Meaning - a court of law with a number of judges.

44.call for (phrasal verb)

English Meaning - require, publicly ask/necessitate, demand.

45.standing order (noun)

English Meaning - an order/ruling governing the procedures.

46.adhere to (verb)

English Meaning - abide by, stick to, hold to, comply with, act in accordance with, conform to.

47.base on (phrasal verb)

English Meaning - use as a basis; found, build, construct, form, establish.

48.Section 41 and 41A of CrPC (phrase)

English Meaning - (41) When police may arrest without warrant. 41(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person (a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned.

49.cognizable offence (noun)

English Meaning - an offence in which the police officer as per the first schedule or under any other law for the time being in force, can arrest the convict without a warrant and can start an investigation without the permission of the court.

50.Code of Criminal Procedure (CrPC) (noun)

English Meaning - The Code of Criminal Procedure (in India). The main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. CrPC tells about the criminal trial procedure.

51.notice of appearance (noun)

English Meaning - a paper filed in court notifying the court and the other people involved, that a person (or their lawyer ) is participating in the case; a party’s formal entry into a lawsuit.

52.disposal (noun)

English Meaning - settlement, determination, deciding, conclusion.

53.anticipatory bail (noun)

English Meaning - Under Section 438 of the Criminal Procedure Code, the provision allows a person can request to get bail in anticipation of being accused of having committed a non-bailable offence in India.

54.underscore (verb)

English Meaning - underline, emphasize, highlight.

55.flee (verb)

English Meaning - run away, run off, take flight, escape.

56.tamper (verb)

English Meaning - alter, damage, change; interfere/meddle.

57.contribution (noun)

English Meaning - allowance, donation, offering, handout.

58.moot (verb)

English Meaning - put forward, introduce, present.

59.lines (noun)

English Meaning - way, method, process, manner.

60.streamline (verb)

English Meaning - make more efficient, hone, simplify, reorganize, rationalize.

61.indeed (adverb)

English Meaning - in fact, actually, undeniably.

62.glaring (adjective)

English Meaning - evident, flagrant, blatant, obvious.

63.put an end to (phrase)

English Meaning - abolish, do away with, get rid of, scrap, end, stop, terminate, eradicate, eliminate.

64.unstated (adjective)

English Meaning - unidentified, undecided, undetermined, uncertain.

65.fade away (phrasal verb)

English Meaning - disappear gradually.

66.magistracy (noun)

English Meaning - the office of a magistrate.

67.overhaul (noun)

English Meaning - reorganization, restructuring, rearrangement.

68.magistrate (noun)

English Meaning - the judicial officers or civil officers of a state who handle minor legal cases in a specific area like town, district etc.

69.condition (verb)

English Meaning - adapt, adjust, prepare, ready.

70.authorize (verb)

English Meaning - permit, sanction, allow, agree to, approve.

71.mechanical (adjective)

English Meaning - automatic, unthinking, unconscious, involuntary, instinctive, inattentive.

72.prosecutor (noun)

English Meaning - a lawyer who presents the government’s case against someone accused of a crime; State counsel.

73.make clear (phrase)

English Meaning - explain, clarify, elucidate.

74.summons (noun)

English Meaning - order, directive, command, instruction (to appear before a judge or magistrate or etc.); warrant.

75.reflexively (adverb)

English Meaning - (in a manner) without applying mind; automatically, spontaneously/instinctively.

76.exception (noun)

English Meaning - anomaly, abnormality, inconsistency, special case; deviation, departure.