Within the criminal justice system of Sri Lanka, the granting of “Bail” is a crucial legal remedy that safeguards an individual’s personal liberty. A fundamental maxim of the law is the “Presumption of Innocence,” which dictates that every suspect must be considered innocent until proven guilty by a competent court of law. Accordingly, because detaining an individual in prison prior to conviction contradicts basic human rights, bail serves to release a suspect based on a guarantee that they will duly appear for their trial.
Many believe that an arrest automatically results in being remanded in prison. However, under the law, explicit provisions exist for a suspect to secure bail either from the police station or from a court. This article explains the concepts of police bail and court bail, how they operate, and the essential facts you need to know as an ordinary citizen.
1. Bailable and Non-Bailable Offences
Under the Code of Criminal Procedure Act, No. 15 of 1979 and the Bail Act, No. 30 of 1997 of Sri Lanka, offenses are categorized into two primary divisions:
- Bailable Offences: These are relatively less serious offenses (e.g., minor altercations, petty theft, defamation, and minor traffic accidents). In such instances, obtaining bail is a statutory right of the suspect. If no legal impediments exist, the police or the court is legally mandated to grant bail.
- Non-Bailable Offences: These constitute severe crimes (e.g., murder, robbery, rape, and drug trafficking). This classification does not mean that bail can never be granted; rather, the granting of bail is not an absolute right but rests entirely upon the discretionary power of the Magistrate or the High Court Judge.
2. What is Police Bail (Bail by Police)?
“Police Bail” refers to the process where a suspect, upon being arrested, is released on bail directly from the police station without being produced before a court of law.
How it Operates:
- If a person has committed a minor offense categorized as “Bailable,” the Officer-in-Charge (OIC) of the police station or the investigating officer must grant bail at the station after completing interrogations and recording basic entries.
- The suspect is required to execute a Bond and, if deemed necessary, produce Sureties to sign on their behalf.
- When granting police bail, the police will specify a designated date on which the suspect must strictly appear before the relevant Magistrate’s Court.
Crucial Fact: Citizens are not required to pay money to police officers to secure police bail. It is an entirely free legal process. If any officer demands money to grant bail, it amounts to an act of Bribery.
3. Court Bail (Bail by Court)
“Court Bail” refers to the bail remedy granted by a judge after a suspect is produced by the police before a Magistrate’s Court.
Types of Bail Imposed by Court:
- Personal Bond: A bond signed by the suspect themselves, promising to appear duly for the trial. No monetary deposit is required for this type of bail.
- Surety Bail: The suspect must produce one or two close relatives or responsible individuals (sureties) to accept responsibility for them before the court. If the suspect absconds, the sureties are legally bound to forfeit the amount specified in the bond (e.g., LKR 50,000/=) to the State.
- Cash Bail: A specific monetary sum ordered by the court (e.g., LKR 10,000/=) must be deposited in cash directly at the Court Registry. This money can be reclaimed once the case is concluded.
- Property Bail: In cases involving serious offenses, the deed of a valuable land or a Fixed Deposit (FD) certificate must be pledged to the court as security.
4. Grounds on Which Bail Can Be Refused
According to Section 14 of the Bail Act, a Magistrate has the authority to remand a suspect in custody prior to conviction only under the following exceptional circumstances:
- A reasonable suspicion exists that the suspect, if released on bail, may abscond and evade the jurisdiction of the court.
- The suspect, if released, is likely to intimidate witnesses or interfere with evidence (tampering with evidence).
- The release of the suspect is likely to result in a public breach of peace or trigger public unrest within society.
- There is a foreseeable risk that the suspect will commit a similar offense upon release.
5. Consequences of Violating Bail Conditions
When granting bail, the court routinely imposes specific Bail Conditions (e.g., ordering the suspect to report to the police station every Sunday, imposing a travel ban preventing them from leaving the country, or prohibiting them from approaching the victimized party).
If a suspect violates even one of these conditions or fails to appear in court on the scheduled date:
- The court will revoke the bail with immediate effect.
- The court will issue Open Warrants for the immediate arrest of the suspect, alongside notices to forfeit the bail money.
- Upon re-arrest, the court can order the suspect to be remanded in prison until the conclusion of the trial.
Summary
Bail does not equate to an acquittal or freedom from punishment. It is a temporary legal relief that allows you to carry out your daily activities, meet with your lawyer, and prepare your defense while the case is pending. As an ordinary citizen, it is your right to correctly identify through an attorney-at-law whether the accusation leveled against you is bailable or not, and to advocate for your entitlement to bail.
Global Human Rights Front (GHRF)
Defending Dignity. Empowering Citizens. Securing Justice.
For legal aid, bail laws, and counseling requirements, connect with our ‘Frontline Advocacy’ division at info@ghrfront.org.
