Section 8 of The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002
- (1)Notwithstanding anything in the Code, no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond unless--
- (a)the Public Prosecutor has been given an opportunity to oppose the application for such release; and
- (b)where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
- (2)The limitations on granting of bail specified in sub-section (1) are in addition to the limitations under the Code or any other law for the time being in force on granting of bail.
- (3)Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code.
Summary
- No person accused of an offense under this Act who is in custody can be released on bail (temporary release from jail before a trial) or on their own bond (a personal promise to return to court).
- Before the court can grant bail, the Public Prosecutor must be given an opportunity to oppose the release.
- If the Public Prosecutor opposes the bail request, the court can only release the person if it is satisfied that there are reasonable grounds to believe the person is not guilty and is not likely to commit any crimes while on bail.
Practical examples
FAQ
1. Can an accused person under this Act easily get bail?
No, bail is very difficult to get. The court must first give the Public Prosecutor a chance to oppose it, and if opposed, the court must believe the accused is not guilty and will not commit any crimes.
2. What is a bond in this section?
A bond, also called a personal bond, is a written promise by the accused person to return to court, sometimes backed by a sum of money.
Test yourself
Q1.What must happen before an accused person in custody can be released on bail under Section 8?
Q2.If the Public Prosecutor opposes the bail, what must the court be satisfied of to grant bail?
Q3.How do the bail limitations in Section 8 relate to the general bail rules in the Code of Criminal Procedure, 1973?
Q4.Which court's special powers regarding bail under Section 439 of the Code are NOT affected by Section 8?
Q5.Under Section 8, what are the two ways an accused person can be released from custody that are subject to these strict conditions?