Bail: a matter of right or discretion in the criminal justice system in India
Keywords:
Arrest, Bail, Judicial Discretion, Right, AccusedAbstract
In criminal law, bail is also known as the right to liberty. It refers to everyone's right to liberty, which is also a basic right under Articles 19 and 21 of the Indian Constitution. The right to bail allows individuals to continue about their everyday lives by enabling a person accused of a crime to be freed from jail. Despite the fact that there are various requirements for obtaining bail, under criminal law, a person is deemed innocent until proved guilty, and the courts and the constitution have adopted a liberal approach to this privilege. A sort of bail that permits a person to post bail before being arrested if they are charged with a certain offence is known as advance bail provision. The classification of charges as bailable or non-bailable expands this right. In cases of bailable offenses, bail can be requested as a matter of law and is almost never denied; however, in cases of non-bailable offenses, a request for bail can be made in good faith, and the courts' tendency to grant bail in most cases emphasizes the importance of this right in the individual context.
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Abdul Rehman Antulay v. R.S. Nayak, AIR 1992 SC 1701 (Supreme Court of India December 10, 1991).
CJI N V Ramana launches software to transmit court orders swiftly. (2022, March 31). The Indian Express. https://indianexpress.com/article/india/cji-ramana-launches-faster-software-to-transmit-court-orders-swiftly-7846083/
Dharmu Naik v. Rabindranath Acharya, 1978 CriLJ 864 (Supreme Court of India 01 16, 1978). Retrieved from https://indiankanoon.org/doc/1571076/
European Court of Human Rights. (1950). European Convention on Human Rights. https://www.echr.coe.int/Documents/Convention_ENG.pdf
Garner, B. A., & Henry Campbell Black. (2019). Black’s law dictionary. Thomson Reuters.
Gudikanti Narasimhulu v. Public Prosecutor, High Court of Andhra Pradesh, AIR 1978 SC 429 (Supreme Court of India December 6, 1977).
Hussainara Khatoon v. Home Secretary, State of Bihar, AIR 1979 SC 1369 (Supreme Court of India March 9, 1979).
Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav, JT 2004 (3) SC 442 (Supreme Court of India February 14, 2005).
Kode, S. (n.d.). Concept Of Bails. Legalserviceindia.com. https://www.legalserviceindia.com/legal/article-3090-concept-of-bails.html
Legal Terms Glossary. (2014, November 7). Www.justice.gov. https://www.justice.gov/usao/justice-101/glossary#b
(Office of the United Nations High Commissioner for Human Rights, 2013) Mahabir Prashad Jain, Jasti Chelameswar, & Dama Seshadri Naidu. (2019). Indian Constitutional Law. Lexisnexis.
Rajendra Prasad v. State of Uttar Pradesh, AIR 1979 SC 916 (Supreme Court of India February 9, 1979).
Rao, A. N. (2019). Bail or Jail: A Balance of Absolute and Limited Judicial Discretion. In Amazon. Prowess Publishing. https://www.amazon.in/Bail-Jail-Absolute-Judicial-Discretion-ebook/dp/B07XY6M1S4
Records Bureau, N. C. (2021, December 27). Prison Statistics India 2020. NCRB. https://ncrb.gov.in/sites/default/files/PSI_2020_as_on_27-12-2021_0.pdf
Sanjay Chandra v. CBI, (2012) 1 SCC 40 (SUPREME COURT OF INDIA 11 23, 2011).
State Through C.B.I v. Amaramani Tripathi, (2005) 8 SCC 21 (Supreme Court of India September 26, 2005).
Surya Narayan Misra. (2020). The code of criminal procedure : Incorporating Criminal Law (Amendment) Act, 2018 (22 of 2018); Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No. 2 of 2016) and The Probation of Offenders Act, 1958. Central Law Publications.
The Code of Criminal Procedure. (1973).
The Constitution of India. (1950).
The Indian Penal Code. (1860).
The International Covenant on Civil and Political Rights. (1966).
Bail. (n.d.). Docshare.tips. Retrieved May 24, 2022, from https://docshare.tips/bail_58dfd2f2ee3435c17c99133b.html
Bare Acts Live. (n.d.). Www.bareactslive.com. Retrieved May 24, 2022, from http://www.bareactslive.com/LCR/lc268.htm
CrPC : Provisions As To Bail And Bonds. (n.d.). A Lawyers Reference. Retrieved May 24, 2022, from http://devgan.in/criminal_procedure_code/chapter_33.php
Legal Terms Glossary. (2014, November 7). Www.justice.gov. https://www.justice.gov/usao/justice-101/glossary#b
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