Right to Bail as a Constitutional Right

  • Madhu Rani and Dr. Rana Parveen
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  • Madhu Rani

    Research Scholar at Shri Venkateshwara University, Gajraula, Amroha, U.P., India.

  • Dr. Rana Parveen

    Research Supervisor at Shri Venkateshwara University, Gajraula, Amroha, U.P., India

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A Bail is a judicial process that must be conducted impartially, judicially, and by statutory and constitutional prescripts. Bail is a right to liberty in criminal jurisprudence. It reflects the right of every person to liberty. Bail is also a fundamental right under Article 19 and Article 21 of the Indian Constitution bail refers to release from custody, whether the accused person is on personal bond or with sureties. The Right to Bail seeks to grant exemption to a person accused of any offense to carry out daily life work by releasing him from custody. In criminal jurisprudence, a person is presumed innocent until proven guilty. Indian courts have also taken a very liberal approach toward bail. The provision of anticipatory bail extends this bail right and entitles an accused to seek anticipatory bail before arrest. Offenses for bail are classified as "bailable" and "non-bailable." In a bailable offense, the claim for bail is made as a right; in a non-bailable offense, bail is not claimed as a right. It is the discretion of the court to grant or not to grant bail in non-bailable offenses. At the present moment, bail in India is a highly debatable issue. The aim of this paper has attempted to explore the various dimensions of the RIGHT TO BAIL within the constitutional framework.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 5, Page 352 - 361

DOI: https://doij.org/10.10000/IJLMH.113577

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