The Study of Laws Relating to Bail in Light of the Constitution and New Criminal Laws in India

Abstract

In Indian criminal law, the idea of bail is fundamental, and it is a widely accepted notion in many legal systems worldwide. Justice V. R. Krishna Iyer cited the phrase "Bail, not Jail" in State of Rajasthan v. Balchand (1977 AIR 2447), and it seems that this idea has since been softened. Thousands of impoverished or guilty prisoners are awaiting bail, but their cases have been pending for a very long time. The most significant aspect of our criminal jurisprudence is that, although placing someone in jail or prison is an exception, granting bail is the norm. Regretfully, it seems that fundamental values have disappeared. Because of this, an increasing number of people are spending lengthier amounts of time behind bars. Trial participants may not be able to comply with bail requirements due to a lack of funds or moveable or immovable property to find local sureties. Other difficulties include the absence of identifying documents, the methods used by the court system, the employment of advocates, and family support. The Indian Constitution's Article 21 protects everyone's right to life and personal freedom. The researcher carefully examined the terms of new criminal legislation in addition to studying the constitutional element of bail law in India. To support the goal of the study, the same researcher gathered material from a variety of sources, including books, journals, papers, government websites, Supreme Court cases, and other legal blogs. This paper examines the development of the bail provision in the Indian legal system, investigates the constitutional and jurisprudential features of the bail provision in India, and determines the causes of bail delays. Concepts associated with it. The research's conclusion emphasizes the breach of the general bail jurisprudential norm, which is the cause of the bail system's delay.