Analysing Bail Conditions In India

A very commonly heard phrase from the Criminal Courts is “Bail is the rule and Jail is the exception”. What’s more common is the conditions imposed with the bail orders, in order to make sure that investigation is not hampered, and trial remains unaffected by the release of the accused. Bail conditions in India are more often the standard stipulations to ensure the accused's attendance and prevent him/her from interfering with evidence or witnesses. It is crucial to understand which conditions for bail mean and how they can interfere with the liberty of a person accused of a criminal offence. The conditions so imposed may be strict or lenient, more dependent upon the nature of offence accused of, and the criminal antecedents. Here is a detailed analysis of bail conditions in India, and how Courts use their discretionary powers while passing orders in this regard.

What are Bail Conditions?

When a Judge allows bail for an accused in a criminal matter, he/she may apply some conditions while passing the bail order. Section 2(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines bail and mentions about imposition of bail conditions. Further, Sections 478, 480 482 and 483 also discuss bail conditions in criminal cases. The said conditions need to be followed by the accused person. In case of violation of bail conditions, the bail order may be revoked and the accused person may be required to get back in custody, until the trial comes to an end. If bail conditions are religiously followed, it may help extend the limited period bail granted by the Court concerned. 
 

Reasons for Conditional Bail

One of the major reasons why some conditions are imposed by the Judge/Presiding Officers in Criminal cases while allowing bail are:

• To ensure accused’s return to custody
• Restricting him/her from tampering with evidence
• To ensure the accused does not commit further offences while being released on bail
• To make sure accused is present before the Court during the trial
• That the accused does not interfere with the witnesses in the matter
• Overall, to ensure compliance with the legal process and administration of justice

Common Examples of Bail Conditions in India

While the Bharatiya Nagarik Suraksha Sanhita mentions the imposition of conditions while granting bail to an accused, it does not particularly suggest the specific conditions. It majorly suggests that the person shall not commit any further offence, not induce/threaten someone related to the case or tamper evidence, be available for investigation, not leave India without Court’s permission and attend the proceedings. Apart from that, it is the discretion of the Court allowing bail, to impose any conditions as necessary for the purpose of upholding justice. Some common examples of bail conditions in India are: 

• Availability for Police investigation as and when required
• Not to leave the country without getting permission from the Court concerned
• Not to commit an offence similar to the one for which he/she is released on bail
• To appear in the Court regularly, as suggested in the bail order, for marking attendance
• Coordinate and support Police investigation
• Not to tamper/destroy evidence
• Not to threaten/induce/dissuade a person related to the matter or a witness in the case 

Not-so-Common Bail Conditions imposed by Courts

• Sharing Live Location (Imposed by Delhi High Court, though the same was taken down by Supreme Court saying it violated privacy rights)
• In certain cases, to stay away from a particular location where the victim resides
• Submission of essay on road safety (Which made headlines in Pune Porsche Accident Case)
• To allow bail only if the victim stood as a surety (Though the same was criticised by the Supreme Court)
• Accused person apologising to the victim
• To say “Bharat Mata Ki Jai” by person accused of Pakistan Zindabad slogans
• Victim in sexual offence to tie a rakhi on accused’s wrist as bail condition (The said condition was found unacceptable by the Supreme Court and eventually scrapped)
• Downloading Arogya Setu app while constantly keeping the GPS on

With the above examples, it can be seen that the discretionary powers of the Courts has at times been misused. This is the reason why the Supreme Court of India has time and again reminded the High Courts and Courts below to uphold the essence of why bails should be granted. It clarified that very stricter regular or anticipatory bail conditions may undermine the purpose of bail. If bail conditions require the victim to become surety, the person will still remain in jail even after bail orders have been passed in his/her favour. Thus, the Apex Court has batted for bail conditions which endorse the balance between liberty and Justice. 

How to interpret bail conditions?

The Court orders allowing bail and imposing conditions are usually written in simple English, which is easy to understand by laymen. However, there may be times when the bail conditions imposed by a Court are not easily understandable by a person who lacks understanding of legal jargon. In such a case, the criminal lawyer representing such a person may be better able to interpret the same in easy language for his/her client. In case the bail order is so confusing that even the lawyer is not able to decode the extent of a particular bail condition, clarity may be sought from the Court itself. In such cases, the Court (usually on the next date) releases a corrigendum editing the bail order passed earlier to bring clarity on the essence of a specific part wherein some words were missing/omitted/overwritten, while still keeping up with the spirit of the original order.