Towards A Uniform Bail Code: The Role Of New Guidelines In Shaping A Balanced Indian Criminal Justice Framework
- IJLLR Journal
- May 3
- 1 min read
Dr. Rubina Khan & Shivanshu Katare, Assistant Professor, Seedling School of Law & Governance, Jaipur National University
ABSTRACT
Bail is a crucial aspect of the criminal justice system, ensuring a balance between the presumption of innocence and the necessity of ensuring the accused's presence at trial. In India, the existing system of judicial discretion in granting bail has led to inconsistencies, delays, and inequities. The lack of codified guidelines has resulted in arbitrary decisions that often reflect biases, exacerbating socio-economic disparities and contributing to overcrowded prisons. This paper advocates for the introduction of a Uniform Bail Code that incorporates new guidelines to standardize bail decisions and ensure fairness, transparency, and efficiency. The proposed framework aims to address systemic issues by introducing socio-economic sensitivity, incorporating mental health assessments, ensuring gender equality, and setting clear, time-bound deadlines for the disposal of bail applications. Furthermore, it highlights the importance of judicial training, the use of technology for data-driven decision-making, and ensuring that bail conditions are not punitive for marginalized communities. Drawing comparisons with global bail systems, the paper explores how models from the United Kingdom, Canada, and the United States can inform and shape India’s bail practices. By codifying bail principles, this paper envisions a system where bail decisions are not arbitrary but rooted in consistent and just practices, thereby enhancing public trust in the criminal justice system while upholding constitutional guarantees of liberty and fairness.
Keywords: Bail, Uniform Bail Code, Judicial Discretion, Socio-Economic Sensitivity, Mental Health, Gender Equality, Technology, Public Trust.
