SEMESTER III

JURISPRUDENCE

TITLE: EVOLUTION OF BAIL JURISPRUDENCE IN INDIA

Abstract

One of the essential aspects of any criminal justice system is bail. The bail system ensures the
right to liberty and to a fair trial of an accused. But the system of bail in India is saddled with
challenges like vagueness, instability and is largely if not completely left to the mercy of the
judges. In bail adjudications, the judges must strike a balance between the personal liberty of the
accused and public interest. The purpose of this research paper is to trace the evolution of bail
jurisprudence in India through important judicial decisions and identify areas where reforms are
required.

Rough Outline

S.No Title
1. Introduction
2. The System of Bail in India
2.1 Types of Bail
2.2 Bailable Offences
2.3 Non Bailable Offences

3. Right to Bail and the Judiciary

4. Challenges and Solutions
4.1 Current State of Criminal Justice System in India
4.2 Right of the individual v. Societal Interest
4.3 Identifying areas of reforms
5. Conclusion

Statement of Problem

In an already overburdened criminal justice system in India, the existing bail regime does little
favors to it. Under the current system, people are deprived of their personal liberty and languish
in jails for an unnecessarily long period of time. With the practice of demanding excessive
sureties, it shows how the system is anti poor. The bail system in India is need of large scale of
reforms.
 Research Questions

1. What is the state of bail jurisprudence in India?

2. What are the challenges and solutions to the existing bail regime in India?

Literature Review

Research Papers

▪ Personal liberty versus Societal interest: The State of Bail Jurisprudence in India by
Lokendra Malik & Shailendra Kumar
▪ Bail in Socio-Economic Crimes and Criminal Justice in India by Pradeep Kumar Singh
▪ Inconsistent and Unclear : The Supreme Court of India on Bail by Vrinda Bhandar
▪ Bail Procedure in India: An Analytical Study by Tripti Bhushan
▪ Bail in India by Helen Tresa
▪ Law relating to bail in India : A Critical Study by Rashmi Devi
▪ Managerial and administrative perspective of human rights management critical appraisal
of the system of bail in India
▪ Right to Bail: Emerging Trends by Daljit Singh

All the papers discuss the constitutional principles and presumption of innocence with respect to
bail jurisprudence. Some trace the historical development of bail in India and current legal
provisions. Some papers focus on the important judicial decisions over the years and the
approach of the Supreme Court. A comparative study of bail system can also be found. While
some argue that every accused has an inherent right to bail in case of bailable offences, some
state that societal interest must always be the chief consideration by the courts.

Commonality in the Sources

All the papers criticize how the bail system rests on the discretion of the judges. The common
opinion on the bail regime is that “freedom cannot be absolute and restrictions cannot be
arbitrary.”

Theory Application

In this research, I would be applying Roscoe Pound’s theory of Social engineering while
answering the question of Individual right v. Societal interest regarding bail jurisprudence.