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Explained | On what ground was Teesta Setalvad granted interim bail?

Byindianadmin

Sep 4, 2022
Explained | On what ground was Teesta Setalvad granted interim bail?

The story so far: “We hasten to add that the relief of interim bail is granted to the appellant in the peculiar facts including the fact that the appellant happens to be a lady,” said the Supreme Court Bench headed by Chief Justice of India, U.U. Lalit, in its order on activist Teesta Setalvad on September 2. During the hearing, too, Justice Lalit made an oral observation that under Section 437 of the Code of Criminal Procedure (CrPC), a woman is entitled to favourable treatment. He was referring to a provision that says being a woman is a possible ground for granting bail, even when otherwise it cannot be considered.

What does the bail provision say?
Section 437 of the CrPC deals with bail in case of non-bailable offences. It says a person shall not be released on bail if there is reasonable ground to believe that he has committed an offence punishable with death or life imprisonment; or, if he has been previously been convicted for an offence punishable with death, life imprisonment, or for a term of seven years or more; or been convicted on two or more occasions on other offences with a term between three and seven years.

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However, it also contains exceptions in a proviso that says the court may grant bail even in these cases, “if such person is under the age of 16 or is a woman or is sick or infirm”.

Are there other provisions favourable to women accused?
There are several provisions in criminal law that give special consideration to women, of any age, when they are victims of offences, including sexual offences, in the way they are treated as witnesses and victims of crimes. There are also some provisions relating to women when they are made an accused, and arrested.

For instance, when a police officer requires the attendance of any person who he believes is acquainted with a case under investigation, the person has to appear before the officer (Section 160). However, no woman shall be required to do so at any place other than the place in which she resides. This is understood to
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