AN ANALYSIS OF THE BAIL SYSTEM IN INDIA: CHALLENGES AND PROSPECTS

Author – Aadithya R Chandran, Student at Indian Institute of Management, Rohtak

Best Citation – Aadithya R Chandran, AN ANALYSIS OF THE BAIL SYSTEM IN INDIA: CHALLENGES AND PROSPECTS, LEX IS US LAW JOURNAL, 2 (1) of 2023, Pg. 78-85, ISBN – 978-81-960384-0-3

ABSTRACT

The bail system is an important aspect of the criminal justice system in India as it allows individuals accused of a crime to be released from custody while they await trial. Yet, due to its inherent inadequacies and inefficiency, India’s bail system has come under intense scrutiny and criticism. When considered objectively, the criminal jurisprudence that India has embraced is really a reflection of the Victorian legacy that the British left behind. Only a few amendments to appease interest groups and vote banks have been made over time. No consideration has been given to whether these laws, which have been in place for close to seven decades, have taken into account the misery and socioeconomic circumstances of the 70% of this country’s population that is living in abject poverty. India, a developing nation plagued by poverty, required something other than a carbon duplicate of the laws in place in developed western nations.

The objective of this study is to thoroughly examine the bail system in India, including its historical evolution, legal foundation, and actual application. The article will also examine the drawbacks and issues with the bail system, such as the issue of undertrial prisoners, the function of bail in guaranteeing access to justice, and the effect of bail on the rights of the accused. This research study aims to contribute to the ongoing discussions and debates around criminal justice reform in the nation by giving a thorough review of the bail system in India.

Keywords: Fair trial, Reform, Justice, Bail bond, Legislation