GS2 (Polity & Judiciary)
Understanding Bail and Bail Conditions
- Bail refers to the legal process by which an accused person is released from custody, typically upon payment of a sum of money, ensuring their return for court proceedings.
- Bail conditions are specific requirements imposed by the court that an accused must comply with to secure their release.
Key Issues & SC Ruling
- Google Maps Location as a Bail Condition
Concerns Raised:
- Right to Privacy: Requiring an accused to share their location violates the fundamental right to privacy under Article 21 of the Constitution.
- Ineffectiveness: Google itself clarified that sharing a pinned location does not enable real-time tracking of a person or their device, rendering it ineffective for monitoring purposes.
Supreme Court Decision:
- The SC ruled that such a requirement is unreasonable and ineffective, as it neither assists law enforcement adequately nor respects privacy rights.
- The Court emphasized the importance of balancing legal enforcement with individual freedoms, particularly regarding technological interventions in legal processes.
- The ruling establishes a precedent for future cases involving the use of digital tracking in bail conditions.
- Certificate of Assurance as a Bail Condition
Concerns Raised:
- Beyond the Accused’s Control: A certificate of assurance is a document issued by a foreign embassy or high commission, guaranteeing that a foreign national will adhere to specific conditions. Since obtaining this certificate depends on the embassy, it is not within the accused’s control.
Supreme Court Decision:
- The SC ruled that failure to obtain such a certificate should not result in denial of bail, provided other conditions are met.
- The Court stressed that bail conditions must be reasonable and practically enforceable.
Legal Precedents & Earlier Rulings
- Supreme Court Legal Aid Committee Representing Undertrial Prisoners vs. Union of India & Ors (1994):
- In this case, foreign nationals were required to obtain a certificate of assurance to ensure they would not leave the country as part of their bail conditions.
- The recent ruling modifies this approach, reinforcing that bail conditions must be fair and not impose unrealistic obligations on the accused.