The Role Of Bail In Ensuring Fair Trial: Legal Standards And Human Rights
- IJLLR Journal
- 5 days ago
- 1 min read
Darshita Jajj, Gautam Buddha University
ABSTRACT
The article analyzes bail practices for fair trials under Indian criminal justice through an examination of the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) that supersedes Code of Criminal Procedure, 1973. Bail operates as both procedural relief and constitutional defense because Article 21 of the Indian Constitution guarantees the right to life and personal liberty. The paper examines the BNSS bail rules while clarifying their judicial framework and analyzes their dual role to protect innocence through bail decisions and stop pretrial punishment practices. Additionally, it evaluates recent judicial trends focused on making bail fairer. Multiple legal advances occur in the legal system while extensive judicial uncertainty and social economic bias and high numbers of undertrial inmates continue to persist. The paper makes clear that it is vital to strike a balance between providing due rights to accused parties and protecting the principles of justice because such reform will establish a criminal justice system based on equality and respect for rights.
Keywords: Bail, Fair Trial, BNSS 2023, Human Rights, Personal Liberty
