Streamlining Bail Jurisprudence In India: Constitutional, Legal, And Institutional Analysis Of Pre-Trial Incarceration
- IJLLR Journal
- 1 hour ago
- 1 min read
Anshu, Lloyd Law College
“Bail is the rule and Jail, the exception.” — Justice V.R. Krishna Iyer
ABSTRACT
Is the routine denial of bail to an accused person legally and constitutionally sustainable? Under what precise, objective criteria can pre-trial incarceration be justified? Do existing bail mechanisms operate equitably across all socioeconomic strata, or do they perpetuate a system where social, economic, and political status dictate custodial outcomes? Crucially, how can the justice system preserve the sacred rule of presumption of innocence while protecting public peace? These questions hit at the core of human rights and fundamental freedoms. The right to personal liberty is not merely a statutory privilege or a constitutional guarantee under Article 21 of the Indian Constitution; it is an inalienable human right. Laws exist to serve humanity, not humanity to serve procedural mechanics. When individual freedom collides with societal harmony, striking a fair, just, and reasonable balance becomes paramount. This 5,000-word comprehensive study evaluates the systemic flaws in pre-trial detention, dissects constitutional jurisprudence, examines landmark Supreme Court rulings, and proposes a complete statutory model to streamline bail jurisprudence in India.
