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Whether The Court Of Magistrate Has The Jurisdiction To Grant Bail In Offences Punishable With Deat

Whether The Court Of Magistrate Has The Jurisdiction To Grant Bail In Offences Punishable With Death Or Imprisonment For Life?






Naina Gupta, Judge, Delhi Judicial Services (B.A. LL.B., NALSAR University of Law), (LL.M., Kurukshetra University)


ABSTRACT


The power of a Magistrate to grant bail in cases of non bailable offences is restricted if the offence is punishable with death or imprisonment for life. As per section 437 of the Code of Criminal Procedure, it is unambiguous that a Magistrate cannot grant bail if the accused is charged with an offence punishable with death or imprisonment for life. Different courts have interpreted the phrase ‘death or imprisonment for life’ differently causing confusion and uncertainty in the law. Some courts interpret the phrase conjunctively barring the Magistrate only in cases where both death or imprisonment for life is given as punishment. And some courts have interpreted the phrase disjunctively restricting the Magistrate in all cases in which the offence is punishable with either death or imprisonment for life. This difference in interpretation of the section has caused ambiguity in the scope of powers of a Magistrate to grant bail in offences punishable with death or imprisonment for life. In this paper, I intend to discuss case laws on this point, analyse the various judicial interpretations given in this regard and arrive at a correct and clear meaning of the section.


Note: The views expressed are author's personal views and not that of the Government or any other institution.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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