The National Assembly while re-deliberating on Civil and Criminal Procedure Code Amendment Bill of Bhutan 2019, left a subsection on non-bailable offence to be discussed during the Joint Sitting. The National Council proposed 19 amendments on the Amendment Bill.
The National Council recommended that the Court shall not grant bail to a person who has been charged or anticipated to be charged with an offence against security and sovereignty of the country.
However, the Council removed the clause on an offence of or above felony of the second degree as a non-bailable offence under Section 199.8A(b), to which the National Assembly did not agree.
“Existing clause states that an offence of or above felony of the second degree is a non-bailable offence. National Council has deleted this clause and it has changed the meaning. It kind of shows that now offence of a second-degree felony is a bailable offence. I think we have to discuss thoroughly,” said Dorji Wangdi, the Member of Parliament (MP) of Panbang.
“I feel that in terms of rape, the people already behind the bars for the prison term of 3-5 years and 5-9 years, they might think they can also apply for bail. If it means that they will also be granted bail, then I think we should really discuss this properly,” said Tshewang Lhamo, the chairperson of the Legislative Committee.
“It has broadened room for bailable offences. Last time we discussed the grading of rape of a child below 12 years as life imprisonment and this doesn’t pose a threat to the nation’s security and sovereignty. Also those involved in crime against Ku Sung Thuk-ten. So Will the Court grant bail to those offenders as well?” asked Ugyen Wangdi, the Dramedtse Ngatshang MP.
Meanwhile, another six amendments from the National Council covering Power to make Rules and its subsection, Bail and Bond, Bond Amount, Motion for new Trials and new definition under Definition will also be discussed during the Joint Sitting.
Sonam Pem/Sangay Chezom
