SECTION 436A OF THE CODE OF CRIMINAL PROCEDURE

24th May, 2024 Polity

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Context: The Supreme Court of India recently clarified that the provisions of Section 436A of the Code of Criminal Procedure (CrPC) can be applied to cases under the Prevention of Money Laundering Act (PMLA).

Details

The Supreme Court has confirmed that Section 436A of the Code of Criminal Procedure (CrPC) applies to those accused of money laundering.
The court applied the precedent set in the 2022 judgement of Vijay Madanlal Choudhary versus the Union of India, where it was held that Section 436A CrPC can be applied in Prevention of Money Laundering Act, 2002 (PMLA) cases.

Section 436A of the Code of Criminal Procedure (CrPC)

Section 436A states that an undertrial detainee, who has spent half of the maximum period of imprisonment specified for the alleged offence under investigation, inquiry, or trial, shall be released on bail by the Court. This applies to offences under the CrPC or any other law.
Example: If the maximum sentence for an offence is 10 years, an undertrial who has spent 5 years in detention (half of the maximum sentence) can apply for bail under Section 436A.

Key Points

Focuses on Time-Bound Trials: This section aims to prevent excessively long pre-trial detention by ensuring bail consideration after a specific period.
Not an Automatic Right: While bail becomes a possibility, the Court can still deny it based on specific reasons like the likelihood of tampering with evidence or potential flight risk.
Exceptions: The provision doesn't apply to offences punishable with death, or where the Court, for reasons recorded in writing, feels continued detention is necessary.

Section 436A helps ensure that individuals awaiting trial are not subjected to indefinite detention. It emphasises the right to a speedy trial and protects against the misuse of pretrial detention.

Conclusion

Section 436A is a valuable provision in the CrPC that promotes time-bound trials and fairer bail considerations. While it doesn't guarantee bail, it offers a crucial safeguard against lengthy pretrial detentions in the Indian legal system.

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PMLA

Source:

Indian Express

PRACTICE QUESTION

Q. Consider the following statements in the context of the Section 436A of the Code of Criminal Procedure (CrPC):

1. It allows for the release of undertrials who have served half of the maximum sentence for their alleged offence.

2. It applies to all offences without exception.

3. It mandates automatic release without court intervention.

4. It can be applied at the discretion of the court.

How many of the above statements are correct?