Chief Justice of India (CJI) raises concern over denial of bails in District Courts

Posted 05 Mar 2024

Updated 27 Mar 2024

2 min read

CJI highlighted that growing reluctance on the part of trial judges to grant bail is violating right to personal liberty under Article 21 of the Indian Constitution.
- This trend is also leading to increased number of appeals reaching High Courts and the Supreme Court.
This trend is also undermining the longstanding principle that ‘bail is the rule, jail is the exception’ [State of Rajasthan V. Balchand alias Baliay (1978)]
- Principle is based on belief that if it is ensured that the accused will be available when required for the trial stage, detaining the person is not compulsory.

About Bail
- Refers to release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond (Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023).
- It ensures synthesis of two basic concepts of human values, namely the right of the accused person to enjoy his personal freedom and the public interest.
CJI also highlighted that adjournment culture in courts is rising.
- It is prolonging the agony of litigants and perpetuating the cycle of backlog.

Bail in Bailable Offences: Accused is given bail on certain condition (Section 478).
- Maximum period for which undertrial prisoner can be detained is one-half of the maximum period of imprisonment.
- First-time offender will be given bail, if detained over one-third of the maximum period of imprisonment.
Bail in non-bailable Offence: Accused person may be released on bail on certain grounds, can submit surety or bail bond (Section 480).
- If one believes that he/she may be arrested on an accusation of having committed a non-bailable offence, can apply for bail (Section 482).

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