Pdc Synopsis.docx

DR. RAM MAHOHAR LOHIA NATIONAL LAW UNIVERSITY, LUCKNOW

DRAFTING OF PLEADINGS AND CONVEYANCING APPLICATION OF BAIL UNDER SECTION 436 OF CRIMINAL PROCEDURE CODE (SYNOPSIS)

SUBMITTED TO:

Ms. Shakuntala Sangam Assistant Professor (Law)

SUBMITTED BY:

Swarnim Pandey 160101156 6th Semester (3rd year) Section- B

INTRODUCTION The Criminal Procedure Code, 1973 or Cr.P.C. talks in details about the bail process and how it is obtained. However, it does not define bail. To get a glimpse of the law, we need to go deeper to section 2(a) Cr.P.C. wherein it says that bailable offense means an offense which is shown as bailable in the First Schedule or which is made bailable by any other law for the time being enforce, and non-bailable offense means any other offense. Thus, section 2(a) Cr.P.C. talks about schedule which refers to all the offenses under the Indian Penal Code and puts them into bailable and on bailable categories which have been determined according to the nature of the crime. For instance, all serious offenses like offenses punishable with imprisonment for three years or more have seen considered as non bailable offenses, all other offenses have been kept bailable offenses. Later part of the Cr.P.C. talks about the process of bail under sections 436 to 450 wherein it has the provisions for the grant of bail and bonds in criminal cases and also talks about the amount of security that is to be paid by the accused to secure his release has not been mentioned in the Cr.P.C. However, still a lot of discretionary power has been vested into the court to put a monetary cap on the bond.

OBJECTIVE 

To introduce the concept of bail.



To discuss the provision related to bail applications under our criminal system.



To prepare an application of bail under section 436 of Cr.P.C.

RESEARCH METHODOLOGY This project is theoretical, descriptive and analytical in nature. The type of the data used is secondary. Accumulation of the information on the topic includes wide use of primary sources such as cases as well as secondary sources like books, e-articles etc. The matter from these sources have been compiled and analysed to understand the concept. Websites, dictionaries and articles have also been referred. The structure of the project, as instructed by the Faculty of Drafting, Pleading and Conveyancing has been adhered to and same has been helpful.

REVIEW OF LITERATURE 

Textbook on Pleadings, Drafting &Conveyancing, A.B. Kafaltiya, Universal Law Pub Co.Pvt.Ltd, Delhi, 2012.



Pleadings : An Essential Guide, S.P. Aggarwal, LexisNexis, Nagpur, 2nded, 2013.

STATUTES USED 

Code of Criminal Procedure, 1973.



Indian Penal Code

REASONING AND HYPOTHESIS The main reasoning behind this project is to understand the basis for providing the bail provision under the code and why not to keep him behind the bars forever. It also tries to analyse the concept in a much deeper manner and tries to find out the ways in which the relief can be pleaded in front of the court. The project assumes that social justice is important while considering a bail plea.