The Right to Bail Under Indian Criminal Procedural Law

Abstract

The release on bail is crucial to the accused as the consequences of pre-trial detention are extremely harsh and unforgiving. If right of bail is denied to the accessed it would mean that though he is presumed to be innocent till the guilt is proved beyond the reasonable doubt yet he would be subjected to the psychological and physical deprivation of jail life. Bail pending trial is a compulsory measure adopted by the Criminal Procedure Code (hereinafter referred as code), 1973. It is one of the cherished rights, claims or privileges of the accused person. The laws of bail has to dovetail two conflicting demands, namely on one hand, the requirements of the society for being shielded from the hazards of being exposed to the misadventures of accused person; and on other hand, the fundamental canon of criminal jurisprudence viz. the presumption of innocence of an accused till he is found guilty. The, Bail provisions blends the two conflicting claims- of individual freedom and interests of justice. Bail has not been defined under the Criminal Procedure Code, 1973. The Code has classified all offences into two categories of bailable and non-bailable offence. The paper seeks to discuss the various provisions for bail under Indian Criminal Procedural Law.