An Analysis Of The Law Relating To Bail In India

Anudatt Dubey, School of Law, Christ (Deemed to be University) Bangalore

ABSTRACT

The Criminal Justice system of a country is vested with a duty to ensure the safety of its citizens. The Judiciary and the law enforcement authorities are one of the pillars on which a criminal justice system rests. They have an essential role in preventing crime and ensuring the proper application of the law and its principles. Those principles involve applying the due process of law, where a person's innocence is presumed, and the accused is given the benefit of the doubt.

The wrongful detention of a person violates his rights. Bail provisions play a vital role in preventing that. While examining the bail provisions in relation to Articles 14, 19, and 21 of the Constitution, the Judiciary has instated that "bail is a rule and detention is an exception." However, the situation is different regarding the practical application of this rule to under-trial prisoners. Bail is an essential aspect of a criminal justice system. It ensures that a person's right to a fair trial and freedom of liberty is not violated. The primary objective is to uphold the principle that no one shall be punished until a court convicts them by law. Thus, the concept of bail exists to secure the right to life and personal liberty enshrined under Article 21 of the Indian Constitution.

In light of these principles, this paper attempts to examine the scope and ambit of the bail provisions and several judicial interpretations available in this regard. This allows the researcher to understand the role of Judicial discretion in bail matters, including anticipatory bail. For the purpose of this research, various provisions of the Code of Criminal Procedure, 1973 will be considered. The entire paper aims to provide an analysis of the provisions relating to bail in India.

Keywords: Bail, Criminal Justice System, Human rights, Judiciary, Prison