Bail As A Rule Or Exception: A Critical Analysis Of Evolving Bail Jurisprudence In India
Sohon Sinha, Techno India University, West Bengal
ABSTRACT
Bail plays a crucial role as a fundamental right which aims at balancing individual freedom and administration of the law. The doctrine that “bail is the rule and jail is the exception” has always been adhered to by courts of law in India as part of ensuring that individual liberty provided for in Article 21 of the Constitution of India is protected. This article provides a critical analysis of bail doctrine in India. In this regard, an analysis will be undertaken on the basis of the constitutional underpinnings, legal provision and judicial decisions regarding bail principles in India. Judicial discretion in granting bail and significant decisions of the Supreme Court will be analyzed. The effect of restricted bail provisions in special laws on bail principles in addition to the effect of recent changes to the Indian Penal Code through the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall also be considered. By adopting a doctrinal research method, this paper asserts that while Indian courts have always upheld the significance of personal freedom, practical problems such as protracted periods of undertrial, crowded prisons and lack of uniformity in bail practices hinder the application of bail principles.
Keywords: Bail, Bail Jurisprudence, Personal Liberty, Article 21, Criminal Justice System, Undertrial Prisoners, Judicial Discretion, BNSS 2023.
