Right To Bail In India: Statutory Provision Or Constitutional Right
Yash Jalonha, Symbiosis Law School, Nagpur
ABSTRACT
The Right to Bail is unquestionably one of the most crucial rights of an accused person under the Criminal Justice System. Bail is founded upon the principle of personal liberty, equality and presumption of innocence, it maintains the balance between the rights of an individual and the societal interests. The Legal Regime governing bail within India is predominantly defined by statutory provisions laid within Bharatiya Nagarik Suraksha Sanhita, 2023, and decades of judicial interpretation of its applicability and meaning which has evolved and added new contours to the concept of bail, by linking it to the constitutional right of life and personal liberty under Article 21 of the Indian Constitution.
This paper employs a doctrinal method of research to critically analyse the nature of the Right to Bail and its relationship with the statutory and constitutional framework within the Indian legal system. It also examines the statutory provisions related to Bail, Judicial Interpretation of Article 21 in Landmark Cases of Bail, Principle of Presumption of Innocence and the speedy trial, and problems of overcrowded prisons and prolonged under trial periods. The paper argues that the procedural entitlement to seek bail originates from statutory provisions, but its substantive content and normative legitimacy are derived from constitutional values. It concludes that the Right to Bail occupies a hybrid position, functioning as a statutory remedy within a constitutional framework, thereby reinforcing the ideals of liberty, equality, dignity, and rule of law within Indian criminal justice system.
Keywords: Bail, Constitutional Right, Personal Liberty, BNSS, Article 21, Undertrial Prisoners, Criminal Justice System.
