On Wednesday, the Supreme Court ruled that the principle of "bail is the rule and jail is the exception" also applies to money laundering cases under the Prevention of Money Laundering Act (PMLA).
This decision was made while granting bail to** Prem Prakash**, who is allegedly an associate of Jharkhand Chief Minister Hemant Soren, in a money laundering case. The Supreme Court's decision overruled a previous judgement by the Jharkhand High Court.
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The Supreme Court referred to its earlier decision in the Manish Sisodia case, where bail was granted to the AAP leader in a case related to the claimed Delhi liquor policy scam.
The court emphasised that even under the PMLA, granting bail should be the standard practice, and keeping someone in jail should be the exception.
The judges emphasised that individual freedom is the rule, and any restrictions that are to occur must be based on the law. The Supreme Court also noted that confessions made by an accused under the PMLA to an investigating officer would not generally be accepted as evidence.
It mentioned that there is a rule under Section 25 of the Bhartiya Sakshya Adhiniyam (formerly the Indian Evidence Act) that prohibits using such confessions as evidence.
The court stated that if the statements made by the accused are found to be framing wrongfully, they would be invalid under** Section 25 of the Bhartiya Sakshya Adhiniyam**. The court also noted that it would be unfair to consider these statements as valid simply because the person was in custody for another case.
This would go against the principles of justice. The Supreme Court granted bail to Prem Prakash, taking into account the long time he had already spent in jail and the slow progress of the trial due to a large number of witnesses.
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What is PMLA?
The Prevention of Money Laundering Act (PMLA), 2002, is an Indian law designed to combat money laundering and to provide for the confiscation of property that arises from money laundering. Money laundering refers to the process of making illegally-gained money (i.e., "dirty money") appear legal (i.e., "clean").
Key Provisions of PMLA:
- Definition of Section 3 of The Prevention of Money Laundering Act, 2002: Under PMLA, money laundering is defined as any act involving the hiding, holding, obtaining, or using money or assets gained from illegal activities and making them appear as if they were earned legally.
- Attachment of Property - Section 5 of The Prevention of Money Laundering Act, 2002: The law allows for the attachment (seizing) of property believed to be involved in money laundering. This is a preventive measure to make sure that such property is not gotten rid off while investigations are ongoing.
- Adjudicating Authority (Sections 6-8) of the PMLA: It sets up a special authority to decide if the seized property is connected to money laundering and whether it should be taken away permanently.
- Special Courts (Section 43) of the PMLA: The Act provides for the establishment of Special Courts to handle PMLA cases. These courts ensure faster trial and resolution of cases related to money laundering.
- Offences and Penalties (Section 4) of the PMLA: Engaging in money laundering can result in imprisonment of 3 to 7 years, and in cases related to narcotic drugs, the imprisonment may extend up to 10 years.
The PMLA empowers the Enforcement Directorate (ED) to investigate and prosecute money laundering offences, ensuring that financial crimes are effectively tackled in India.
Now going back to how does bail work,
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Bail: Freedom with Conditions
In India, bail is a legal process that allows a person accused of a crime to be released from custody until their trial is complete. It is based on the idea that everyone is innocent until proven guilty and that detention should be the exception, not the rule.
Key Legal Provisions on Bail:
The **Bharatiya Nagarik Suraksha Sanhita (BNSS) **has several provisions related to bail. Here is an overview:
Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) : Bail for Undertrial Prisoners
This section says that if a person has been in jail for a long time (up to one-third of the maximum sentence for the crime they are accused of), they can be released on bail by the Court. However, there is an exception: if the person is accused of a very serious crime (like one that can lead to death or life imprisonment), they might not get bail.
Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) This is an additional condition to Section 479. It says that if the Court thinks the accused person might have committed a serious crime, they will not get bail.
Section 480 of the Bharaitya Nagarik Suraksha Sanhita: Bail in Non-Bailable Offences This section says that even if someone is accused of a non-bailable offence (a crime where bail is not usually given), the Court can still grant bail if it believes the person is not guilty of the crime.
Section 481 of the Bharaitya Nagarik Suraksha Sanhita: Anticipatory Bail
This section allows a person who thinks they might be arrested to apply for bail before they are actually arrested.
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Bail conditions often include surety bonds and guarantees that the accused will attend all court hearings.
“Oh god, he is out on bail. This is why we cannot trust the judiciary in India?”
“Out on bail?! There goes the offender! No point in hoping anymore”
Well, surprise. In our democracy,
Bail is the rule and jail is the exception.
There, there. Don’t stop reading with a hopeless sigh. Let us take a walk to understand this, shall we?
The principle that "bail is the rule and jail is the exception" has been a foundation of the Indian legal system, making sure that individuals accused of crimes can be granted temporary freedom while awaiting trial.
This principle is based on a basic idea of justice: everyone is considered innocent until they are proven guilty. Let us look at how this rule came about, why it is important, and why it still matters in India today.
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Historical Evolution
The idea of Bail has a long history in India, influenced by British colonial laws. Under British rule, the 1898 Code of Criminal Procedure (CrPC) was an important law that included rules about bail, stressing that arrest and detention should not be normal. After India gained independence, the CrPC was updated in 1973, continuing the idea that Bail should be the usual practice and jail/prison should be the exception.
The Bharatiya Nagarik Suraksha Sanhita updated in 2023 sets out the rules for bail in India. The BNSS sections emphasise that arrest and detention should be rare, not common, by making it clear that bail should be granted in most cases unless there is a strong reason to believe the person might commit more crimes or interfere with the investigation. This means that the accused should be free unless the prosecution can prove that they're a risk.
Supreme Court Rulings:
Important court decisions have reinforced this idea. In Gian Kaur v. State of Punjab (1995), the Supreme Court said that bail should generally be given to protect individual freedom and avoid unnecessary detention.
More recently, in Manish Sisodia v. State of Delhi (2024), the Supreme Court confirmed that** bail should be the standard practice even for cases under the Prevention of Money Laundering Act (PMLA)**, showing that this principle applies in various legal situations.
Legal Reasoning and Relevance
The idea behind "bail is the rule and jail is the exception" is based on the belief that everyone is innocent until proven guilty. Liberty of an individual is the general rule and whereas imprisonment is the exception.
Keeping someone in jail before their trial can have serious negative effects, like harming their reputation and disrupting their daily life. That's why the law aims to avoid keeping people in jail unnecessarily and only uses imprisonment when it’s absolutely necessary.
This principle is especially important in 2024 because it protects the democratic value of personal freedom. In a large and diverse country like India, where legal cases can take a long time to resolve, making bail easily available helps prevent overcrowded jails and protects people's fundamental rights.
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Why is Bail Important?
- Protects Individual Freedom: Bail allows people accused of a crime to stay out of jail while waiting for their trial. This helps them continue their everyday lives, like going to work or taking care of their families.
- Presumption of Innocence: In the legal system, everyone is considered innocent until proven guilty. Bail reflects this principle by allowing accused individuals to remain free unless there is a drastic reason to keep them in jail.
- Prevents Overcrowded Jails: If everyone accused of a crime was kept in jail until their trial, jails would become overcrowded. Bail helps keep prisons from becoming too full, making space available for those who pose an extreme threat to society.
- Avoids Unnecessary Punishment: Being in jail can feel like punishment, even if someone has not been found guilty yet. Bail helps prevent innocent people from facing unnecessary hardship before a fair trial.
- Ensures Fair Treatment: Bail stops the misuse of power by ensuring that people are not jailed unfairly or without a good reason. It ensures the legal system treats everyone fairly and equally.
- Encourages Preparation for Defense: Being out on bail gives the accused time to prepare their defence, gather evidence, and consult with their lawyer, making sure that they get a fair chance in court.
- Supports Judicial Efficiency: Bail makes sure that only those who need to be in jail, like those who might flee or pose a danger to others, are restricted within a limited area. This helps the legal system run more smoothly and focus on cases that need urgent attention.
Conclusion
The idea that "bail is the rule and jail is the exception" shows a strong dedication to justice and human rights in India's legal system.
This approach helps protect the freedom and liberty of people while also making sure the law is followed fairly. In today's complex world, this principle is vital to prevent unfair treatment and is a key part of ensuring a fair and just legal system for everyone.
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Frequently Asked Questions (FAQs)
1. What is the principle of "bail is the rule and jail is the exception"?
The principle of "bail is the rule and jail is the exception" is a foundation of the Indian legal system, which states that individuals accused of crimes should be granted temporary freedom while awaiting trial, unless there is a strong reason to believe they might commit more crimes or interfere with the investigation.
2. What is the Prevention of Money Laundering Act (PMLA)?
The Prevention of Money Laundering Act (PMLA) is a law in India that helps stop people from cleaning dirty money and taking away any property they got from doing so.
3. How does bail work in India?
In India, bail is a thing that lets you get out of jail while you wait for your trial. It's like a "get out of jail free" card, but it's not as fun as the one in Monopoly. The court grants bail if it believes the accused is not likely to commit further crimes and is willing to appear for trial.
4. Can bail be granted in all cases?
No, bail cannot be granted in all cases. The court may refuse bail if it believes the accused might commit more crimes, interfere with the investigation, or pose a danger to others.
5. Why is the principle of "bail is the rule and jail is the exception" important in India?
The principle of "bail is the rule and jail is the exception" is important in India because it protects the democratic value of personal freedom, prevents overcrowded jails, and ensures that the legal system treats everyone fairly and equally.
References:
- Bail is the Rule, Jail is the Exception Even in PMLA Cases: Supreme Court
- SC underlines: Bail is the rule, jail exception even in PMLA cases, Article 21 higher right
- Bail is rule and jail is exception is applicable even in money laundering cases, says Supreme Court
- 'Bail as a rule' principle losing ground in trial courts: CJ
- Bail or Jail – The Supreme Court clarifies the law and lays down the guidelines
Written by Seersha Chaudhuri
Driven legal professional with a BA LLB and a knack for writing and media reporting. Previously, I’ve crafted legal documents and managed court proceedings at Terkiana PC, focusing on immigration law. I’m also brushing up on my Spanish with Duolingo—learning a new language has never been this fun! Eager to blend my expertise in legal research with my passion for global policy and creative writing. Apart from being a professional, I am a full time lover of fish, dystopian fiction and Brooklyn 99.
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Further Reading
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