Analysis On Bail System in India Research Paper
Analysis On Bail System in India Research Paper
SYSTEM IN INDIA
AIR All India Reporter
HC High Court
MM Metropolitain Magistrate
RAMA UNIVERSITY, KANPUR
JD Judicial Magistrate
ABSTRACT
The bail system plays a crucial role in I. INTRODUCTION
India’s criminal justice framework by
permitting individuals charged with a crime The term "Bail" refers to the assurance of a
to be released while waiting for their trial. defendant's presence in court for their trial. The
However, the system faces significant purpose of granting bail is not to free the
criticism and examination due to its prisoner from jail or custody, but to allow his
fundamental flaws and inefficiencies. When release from the custody of the Law and to
viewed impartially, the criminal law that place him under the care of his sureties who are
India has adopted is essentially a reflection obligated to present him at his trial at a
of the Victorian legacy inherited from the designated time and location. The granting of
British1. bail is the standard procedure, while its denial
is an exception anomaly. An individual charged
The aim of this research is to with a bailable offense is entitled to be freed on
comprehensively analyse the bail framework bail. Bail regarding the case Bailable offences
in India, encompassing its historical must be treated as mandatory. Regarding the
development, legal basis, and real issue of bail admission, the Criminal procedure
application. The piece will additionally differentiates between bailable and non-bailable
explore the disadvantages and problems offences. The approval of bail for the decision
associated with the bail system, like the regarding a person charged with a non-bailable
matter of undertrial detainees, the role of offence is discretionary. However, an
bail in ensuring access to fairness, and the individual charged with a bailable offense at all
impact of bail on the entitlements of the times during detention without a warrant at any
charged. This study seeks to contribute to point in the process has the entitlement to be
the current conversations and arguments granted bail.
concerning national transformation of the
criminal justice system through providing a Just a couple of changes to satisfy interest
comprehensive examination of the bail groups and voting blocs have been formed over
system in India. time. No thought has been applied to whether
these regulations that have existed for nearly
seven decades, have considered the suffering
and economic conditions of the 70% of the
population in this country that is residing in
Keywords: Justice, Reform, Bail bond, Fair extreme destitution. India, an emerging country
trial, Legislation burdened by destitution, needed something else
rather than a carbon copy of the regulations
currently established in advanced Western
countries.
The idea of bail dates back to 399 B.C., when 3. Anticipatory Bail
Plato sought to establish a bond for liberation of 4. Default Bail
Socrates. The contemporary bail system
originated in England. The operational Offenses are classified for bail purposes into:
procedure for temporary release of a defendant
was that the guarantor must be determined to 1. Bailable Offense: Defined by Section 2(c) of
bring the accused to face his trial on the the BNSS, these offenses allow for bail as a
scheduled day for that trial. If he does not show matter of right under Section 478 BNSS when
up as required, the surety will face trial in his specified conditions are met. The police may
stead. 2 grant bail to the offender at the time of arrest or
detention.
The legal system in India is noted to have a bail
institution within the framework of liberating a 2. Non-Bailable Offense: These offenses,
detained individual upon his providing a where bail cannot be granted as a matter of
guarantee. The application of this system is right, are governed by Sections 480 and 483 of
mentioned in the seventeenth century, the the BNSS. Judicial discretion plays a crucial
travelogue of the Italian explorer Manucci, who role in deciding bail for non-bailable offenses,
had been restored to his liberation through bail which are typically more severe, carrying a
from incarceration due to a wrongful accusation penalty of three years or more.
of theft. He was given bail by the time the
Punjab regulations dictated that Kotal would Bail in India encompasses four types based on
only release him after he provided a surety. the stage of criminal proceedings, namely
Under Mughal Law, a provisional release might Regular Bail, Interim Bail, Anticipatory Bail,
be triggered by the consideration that if the and Statutory Bail.
delivery of justice was postponed in someone's
situation, then claims for compensation could
Regular bail is granted after arrest, ensuring
be submitted upon the judge personally for
attendance at trial.
damages incurred by the injured party.3
(5) His reputation, character, and monetary [3]. Bharat Bhushan Das, Bail: Judicial
conditions. Discretion, Cochin University Law Review,
Volume- IX, 1985, Page No. 350- 361
(6) His prior criminal records, including any
record or prior release on recognizance or on [4]. C.P. Arora, Criminal Major Acts,
bail. Universal Law Publishers, First- Edition, 2015
(7) Identity of responsible members of the [5]. D.D. Basu, Introduction to the Constitution
community who would vouch for his reliability. of India, Publisher, Lexis Nexis, 23rdEdition
2018
(8) The nature of the offense charged and the
apparent probability of conviction and the [6]. Eighteenth Law Commission Report No.
203, Law relating to Anticipatory Bail.
[7]. K. Krishnamurthy, Police Diaries,
Statements, Reports, Investigation and Arrest,
2nd Edition, 1986
[13. ]WWW.google.com