An Analysis On The Bail System In India And Its Impact On Under-Trial Prisoners And The Constitutional Mandates
Cheryl Carlene Kharsyntiew, Royal Global University
I. INTRODUCTION
The bail system is one of the most important factors in the Indian criminal justice system since it directly impacts individual freedom of a person accused. Bail is a temporary release on investigations or trial on the condition that the accused will report before the court when its services are needed. Despite the fact that bail has been accepted as a right of law in bailable offenses and discretion in non-bailable offenses, the application of these bails usually favors the under-trial prisoners who represent the less privileged groups due to their economic backgrounds. Research and statistics indicate that a high percentage of under-trial prisoners are languishing in jails not because of the severity of the crime being committed, but because of their inefficiency to meet the bail requirements like providing sureties or money bonds.
The Supreme Court has stressed again and again that the rule is bail and exception is jail, which is connected to the right to personal liberty by Article 21 of the Constitution. But, the difference between judicial ideals and practice on the ground has led to extended imprisonment of poor under-trial offenders. This assignment looks at the India bail system, and how it negatively affects poorer under-trial inmates.
II. Objectives of the Study
This research paper aims to study the legal system of bail in India, to trace the status of under- trial inmates in the bail system, to learn how poverty influences the right to bail, to research how the judiciary regards the bail system, and to assess whether the bail system is capable of fulfilling the constitutional right to personal liberty.
