Sudarsanan Sivakumar, LLM, International Trade and Business Law, American University, Washington College of Law
ABSTRACT
With the advent of a new generation of the legal system in India, bail procedures, preventive detention, and pretrial freedom have still not reformed enough to protect the fundamental rights of under-trial prisoners. Taking the example of the judiciary acting as the forerunner to ensure these rights, the Indian legal system should be nudged in the correct direction by the legislature. Keeping in mind that “Bail is the rule, Jail is an Exception”, the country's lawmakers should entomb humane conditions and standards in their law-making lacunae.
This paper offers some tentative propositions as to how Bail laws should be structured and how preventive detention and pretrial freedom must be exercised by law-and-order personnel.
Keywords: Bail, Preventive detention, Pretrial freedom
