The Right to Bail under Indian Criminal Law
THE RIGHT TO BAIL UNDER INDIAN CRIMINAL LAWS
In words of Krishna Iyer J. on the subject of bail:-
“..... Belongs to the blurred area of criminal justice system and largely hinges on the hunch of the bench, otherwise called judicial discretion. The Code is cryptic on this topic and the Court prefers to be tacit, be the order custodial or not. And yet, the issue is one of liberty, justice, public safety and burden of public treasury all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process1."
The release on bail is crucial to the accused as the consequences of pre-trial detention are extremely harsh and unforgiving. If right of bail is denied to the accessed it would mean that though he is presumed to be innocent till the guilt is proved beyond the reasonable doubt yet he would be subjected to the psychological and physical deprivation of jail life. Anyone who has been to jail loses his job and becomes a social outcast.
Bail pending trial is a compulsory measure adopted by the Criminal Procedure Code (hereinafter referred as code), 1973. It is one of the cherished rights, claims or privileges of the accused person. The object of arrest and detention of the accused person is primarily to secure his appearance at the time of his trial and to ensure that in case he is found guilty he is available to receive the sentence. The laws of bail has to dovetail two conflicting demands, namely on one hand, the requirements of the society for being shielded from the hazards of being exposed to the misadventures of accused person; and on other hand, the fundamental canon of criminal jurisprudence viz. the presumption of innocence of an accused till he is found guilty. The, Bail provisions blends the two conflicting claims- of individual freedom and interests of justice.
1
Gudikanti Narasimhulu v. Public Prosecutor, AIR 1978 SC 430.
Electronic copy available at:
In words of Krishna Iyer J. on the subject of bail:-
“..... Belongs to the blurred area of criminal justice system and largely hinges on the hunch of the bench, otherwise called judicial discretion. The Code is cryptic on this topic and the Court prefers to be tacit, be the order custodial or not. And yet, the issue is one of liberty, justice, public safety and burden of public treasury all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process1."
The release on bail is crucial to the accused as the consequences of pre-trial detention are extremely harsh and unforgiving. If right of bail is denied to the accessed it would mean that though he is presumed to be innocent till the guilt is proved beyond the reasonable doubt yet he would be subjected to the psychological and physical deprivation of jail life. Anyone who has been to jail loses his job and becomes a social outcast.
Bail pending trial is a compulsory measure adopted by the Criminal Procedure Code (hereinafter referred as code), 1973. It is one of the cherished rights, claims or privileges of the accused person. The object of arrest and detention of the accused person is primarily to secure his appearance at the time of his trial and to ensure that in case he is found guilty he is available to receive the sentence. The laws of bail has to dovetail two conflicting demands, namely on one hand, the requirements of the society for being shielded from the hazards of being exposed to the misadventures of accused person; and on other hand, the fundamental canon of criminal jurisprudence viz. the presumption of innocence of an accused till he is found guilty. The, Bail provisions blends the two conflicting claims- of individual freedom and interests of justice.
1
Gudikanti Narasimhulu v. Public Prosecutor, AIR 1978 SC 430.
Electronic copy available at: