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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