Bail: Evolution From Statutory Right To Constitutional Right
- IJLLR Journal
- Jan 31
- 2 min read
Rayan Teeshan Pinto, Christ (Deemed to be University), Bengaluru
ABSTRACT
Bail is the cornerstone of a criminal legal system that preserves personal liberty and weighs against the interest of justice; therefore, it occupies a significant importance in any given criminal legal system. The concept of bail is undergoing contextual evolution, shaped by the shifting socio-legal imperative of diverse jurisdictions over time. Similarly, the notion of bail has undertaken a paradigm shift in the Indian criminal jurisprudence, expanding from a statutory inception, to constitutional relevance and secured to the constitutional values and principles of liberty, dignity, and fair trial. This research paper unearths the growth of bail principles in India, examining its evolution from the colonial-era statutory framework to its current constitutional footing. The study observes how, by judicial interpretation, Article 21 of the Constitution has raised bail from a procedural defence to an integral element of the right to life and personal liberty. The paper studies various landmark judicial decisions, including State of Rajasthan v. Balchand, Maneka Gandhi v Union of India, and Hussainara Khatoon v. State of Bihar, which have shaped the constitutional scope of bail. By adopting an interdisciplinary methodological approach which combines doctrinal examination, jurisprudential construction, and constitutional interpretation, the research paper explains how the judiciary has revolutionarily raised the maxim 'bail is the rule, jail is the exception' heretofore confined to statutory requirement to the level of a constitutional right protected mechanism. The findings illustrate that bail was initially codified as a statutory right in the Criminal Procedure Codes enacted by the British Government India( Criminal Procedure Codes of 1872,1882, 1898) as well as the Indian parliament ( as recommended by 41st Law Commission Report CrPC 1973 and BNSS 2023), and the action of the judiciary through a judicial intervention in the guise of affirmative interpretation has interpreted it as an fundamental right under Article 21, thus supporting the beacon of personal liberty and human dignity.
Keywords: Bail, Constitutional Right, Article 21, Statutory Right, Judicial Evolution, Personal Liberty, Criminal jurisprudence.
