Bail in Economic Offences

A Special Focus on the INX Media Case

Abstract

ABSTRACT

With a sudden upsurge of economic offences in the country over the last few decades and account of offenders evading conviction by fleeing the country, the need for a strong Criminal Justice System primarily with regard to bail applications is a pressing priority.

The courts in the process of maintaining a balance between the individual’s liberty (which is the objective behind the provision of bail in the Criminal Justice System), and interests of the larger society, have not turned a blind eye to the fact that such offences are to be addressed sparingly as they are crime against the society and not against any private individual.

Denial of the bail applications filed by P. Chidambaram in the INX Media case by the Delhi High Court was deterred by the Apex Court in the appeals and the Court laid down some important principles with respect to bails in economic offences and entirely discouraged anticipatory bail in these cases. Though there is no exhaustive list of rules concerning bail in such offences but the guidelines laid down in the Prahalad Singh Bhatis’s case and the triple test or tripod test are two of the significant factors in considerations for bail applications under Section 439 of the Criminal Procedure Code.