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International Journal of
Law
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VOL. 11, ISSUE 5 (2025)
Bail jurisprudence & under-trial prisoners: Issues & challenges
Authors
Dr. Kusum Chauhan, Sahil Verma
Abstract

The concept of granting of bail to individuals at pre-trial and under trial stage is an ever-evolving legal process. Bail plays a primary role in the process of penology. The legal instrument of bail is dynamic in nature, as it is transforms according to requirements of a particular country. As far as, Indian scenario regarding the concept of bail is concerned, it is in a dire need to be transformed, as its background is of a colonial era legal instrument. Hereby, it was designed with an imperialist mindset under the Indian British regime. With the passage of time, as India gained independence, judiciary played a consistent role in transformation of the jurisprudence related to bail. Indian judiciary, by way of judicial pronouncements, guidelines and judgements, considerably liberalised the concept of bail to a certain extent. Along with that, different dimensions of right to bail in limelight with rights of under-trial prisoners were outlined by Indian judiciary.

Accordingly, in this paper, an attempt has been made to identify the prevalent lacuna in present bail system, being practiced in Indian scenario. Role of judiciary in different aspects relating to liberalisation of Indian bail jurisprudence has been delineated. Moreover, different solutions to the concerned issues linked to Indian bail system have been traced, based on penological jurisprudential principles of ‘innocent until proven guilty’ and ‘natural justice’.
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Pages:18-22
How to cite this article:
Dr. Kusum Chauhan, Sahil Verma "Bail jurisprudence & under-trial prisoners: Issues & challenges". International Journal of Law, Vol 11, Issue 5, 2025, Pages 18-22
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