VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 6 No. III (2023)pp. 1422–1454

Critical Analysis of Bail Trends Prevalent in India in Comparison to Other Jurisdictions

MS
Madhav SaxenaStudent at NMIMS, Bangalore, India
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Published 26 May 2023 · pp. 1422–1454 · Vol. 6 No. III (2023)
Abstract

This study seeks to identify the fundamental distinctions between India and other countries in relation to laws relating to bail. Bail is the release of a guilty individual in exchange for a personal bond or assurance that they will abide by the court's rules and show up for court appearances. It is not necessary to keep someone in custody for an indefinite amount of time just because they are charged with a crime. Bail enhances individual liberty and societal interests. A bail-out defendant has more time to prepare and present his case than a remanded defendant. If public justice is to automatically advance, detention must be reduced where there is no fear of disappearance because it costs the public a lot. Judges must weigh fair, humanitarian, and statutory factors before denying bail If the courts have cause to believe the defendant will not come for trial or if it is not in the public interest to offer him bail, he should be released from jail so that he can prepare his defense. But, if it is not in the public interest to give him bail, he should remain behind bars. The decisions made about bail in different countries fluctuate significantly. In comparison to other countries, the notion of bail used in India will be critically examined in this research article. The goal of this study is to show how other jurisdictions approach the same issue in various ways while also highlighting the distinctions between these nations.

Keywords
Bailtrialcrimelibertyjailscountriescustody

How to cite

Madhav Saxena, Critical Analysis of Bail Trends Prevalent in India in Comparison to Other Jurisdictions, 6 Int'l J. L. Mgmt. & Human. 1422 (2023).

Cite this article

Madhav Saxena, Critical Analysis of Bail Trends Prevalent in India in Comparison to Other Jurisdictions, 6 Int'l J. L. Mgmt. & Human. 1422 (2023).
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