January 9, 2025
Registration officers have to be informed if foreigners are granted bail: SC
Supreme Court

Registration officers have to be informed if foreigners are granted bail: SC

Jan 8, 2025

Last Updated on January 8, 2025 by Shianjany Pradhan

In July 2024, the Supreme Court had clarified that courts are not required to impose a bail condition mandating a foreign accused to obtain a certificate of assurance from their country’s Embassy or High Commission.

The Supreme Court of India has ruled that when a foreign national is granted bail, the court must direct the investigating agency or state to immediately inform the Registration Officer appointed under the Registration of Foreigners Rules, 1992.

It was done to ensure that all relevant authorities, including Civil Authorities, are notified and can take appropriate legal actions.

It was clarified by the court that it is unnecessary to include Civil Authorities or Registration Officers as parties in bail applications filed by foreigners, unless the offense involves Section 14 of the Foreigners Act, 1946.

If these authorities are included then there will be issue of unnecessary delay.

This decision came during the hearing of an appeal by a Nigerian national challenging certain bail conditions imposed in a Narcotic Drugs and Psychotropic Substances (NDPS) case.

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