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Synopsis

The Delhi High Court has recommended changes to Section 438 of the new Criminal Procedure Code (CrPC) [Bharatiya Nagarik Suraksha Sanhita, 2023], specifically relating to the requirement of furnishing a personal bond with a surety by an accused upon acquittal. The court suggested replacing the word "shall" with "may" and replacing "bail or bail bond" with "personal bond with or without surety."

Under Section 437A of CrPC [BNSS], the accused must execute bail bonds with sureties and appear before the higher court when served notice in an appeal or petition against the judgment. The bond remains in force for six months, making it mandatory for the acquitted accused to furnish a personal bond with a surety.

The court made these suggestions while hearing a plea highlighting the mandatory requirement, especially when the accused is compelled to remain in jail despite acquittal due to the non-furnishing of surety.

The Union Government's counsel informed the court that the new Criminal Laws, currently under consideration in Parliament, would address the raised issue. However, the court noted that even Section 483 did not resolve the matter.

In the interim, the court directed trial courts to interpret the word "shall" as "may" and "bail or bail bond" as "personal bond with or without surety" in cases related to Section 437A of CrPC. The order was directed to be circulated to all judicial officers and sent to the Select Committee for consideration.

In this regard, the bench noted, "Though the new Criminal Laws are under consideration before the Select Committee and already put up before the Parliament but it may take some time for the Criminal Laws to be modified, therefore, in the meanwhile, we hereby direct the learned trial courts that in cases relating to Section 437A, the word ‘shall‟ shall be read as ‘may‟ and the word "bail or bail bond" shall be read as "personal bond with or without surety"."

Case Title: FIRASAT HUSSAIN Vs. STATE OF NCT OF DELHI