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Indian Journal of Law and Human Behavior

Volume  9, Issue 1, January – June 2023, Pages 17-28
 

Original Article

An Overview of Bail Jurisprudence in India with Special Reference to Article 21 of the Constitution of India

Rajeev Kumar Singh , Aparna Singh

Assistant Professor of Law, Amity Law School, Amity University, Lucknow 226010, Uttar Pradesh, India, Assistant Professor of Law, Dr Ram Manohar Lohia National Law University, Lucknow 226012, Uttar Pradesh, India.

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DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.9123.2

Abstract

The law safeguards need to dovetail two clashing requests, on one hand, the necessities of the public for being protected from the dangers of being presented to the misfortunes of a man asserted to have carried out a wrongdoing; and on the other, the major ordinance of criminal statute. The assumption of purity of a charged, till he is discovered blameworthy. Keeping in mind the end goal, the Legislature in its intelligence has given exact bearings for giving safeguard. Before determining the place of bail within human rights framework as conferred by the Constitution, it is important to examine the object and meaning of bail, such that an analysis of these fundamental objects and change therein may reveal a change. The object detention of an accused person is primarily to secure her/his appearance at the time of trial and is available to receive sentence, in case found guilty. If his/her presence at the trial could be reasonably ensured other than by his arrest or detention, it would be unjust and unfair to deprive the accused of his liberty during pendency of criminal proceedings.Thus, it is important to note the relevant provisions enshrined in the Universal Declaration of Human Rights in Article 9, 10, and 11(1).


Keywords : Deprivation of Liberty; Clashing requests; Human Rights; Safeguard; Categorization of offences; Want of Justice.
Corresponding Author : Aparna Singh, Assistant Professor of Law, Dr Ram Manohar Lohia National Law University, Lucknow 226012, Uttar Pradesh, India.