Evolution of Bail Provisions in Specialized Criminal Legislation: A Study of Indian Statutes and Judicial Precedents

  • Abhishek Bhardwaj
  • Show Author Details
  • Abhishek Bhardwaj

    Student at Amity Law School, Amity University, Noida, India

  • img Download Full Paper

Abstract

The dissertation explores the evolution of bail provisions within specialized criminal laws in India, particularly focusing on the shifting landscape influenced by statutes such as the Terrorism and Disruptive Activities Act (TADA) of 1985. The study delves into the impact of stringent bail conditions introduced by specific legislations, analysing how they departed from established principles under the Code of Criminal Procedure. Through an in-depth examination of key legislative enactments like the Companies Act of 2013, the Narcotic Drugs and Psychotropic Substances Act of 1985, and significant case law such as State of Maharashtra v. Vishwanath Maranna Shetty, the research elucidates the rationale behind distinct bail procedures tailored to address complex criminal activities. The dissertation critically evaluates judicial interpretations emphasizing the necessity of rigorous scrutiny in granting bail, particularly in cases involving economic offences. By elucidating the interplay between legal provisions and judicial precedents, this study sheds light on the nuanced approaches adopted within India's criminal justice system towards bail, reflecting broader shifts in legal philosophy and policy responses to evolving criminal complexities.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 1828 - 1843

DOI: https://doij.org/10.10000/IJLMH.117246

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021