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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.

 

Major Types of Bail under BNSS

  • 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). 
  • Tags :
  • Article 21
  • CJI
  • Bail
  • BNSS
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