It must be clarified that the order of the Hon’ble Apex Court is a directory and gives autonomy to the High Powered Committee of the States to determine the category of prisoners who shall be eligible to be released....
A Critique of Bail System in India
The Hon’ble SC, in Kamlapati v State of West Bengal, explains bail as a method which is developed for harmonising two fundamental concepts of human value, the liberty as enjoyed by the accused and the interest of the public at large which in turn depends on the release of accused
Balance between Liberty & Effective Investigation – Anticipatory Bail
It is not in larger societal interest to curtail such powers of the court to grant anticipatory bails & thereby, limit the liberty of citizen....
Reconciling Bail Law under UAPA in terms of a Regulation Based Model
While comparing bail provisions of the UAPA with prior anti-terror legislations, the Law Commission noted that bail under the UAPA is more liberal as compared to its predecessors and that in previous anti-terror.... []
Default Bail as an Indefeasible Right
Introduction In the common parlance, we often come across terms like ‘regular bail’, ‘anticipatory bail’ etc. However, the pandemic, amongst other things has also brought to our attention, the term ‘default bail’. This term doesn’t find explicit mention in the Criminal Code Procedure (Cr.P.C.), (hereinafter the Code). Nevertheless, default bail is a statutory bail available … Continue reading Default Bail as an Indefeasible Right
Default Bail: An Indefeasible Right amidst Covid-19 Conundrum
Default Bail under the Criminal Procedure Code Article 22 of the Constitution of India along with Section 57 of CrPC lays the golden rule of producing an arrested person before the magistrate within 24 hours. Section 167 of CrPc carves out an exception, for there are many instances where the investigation cannot be completed within … Continue reading Default Bail: An Indefeasible Right amidst Covid-19 Conundrum
Reviewing Anticipatory Bail- Pandora’s Box?
Introduction The review of anticipatory bail under Sec 482 of Criminal Procedure Code (CrPC) has been a question arousing curiosity, demanding clarity on legal and moral grounds of the law. The Supreme Court [Ainul Hoque Molla v State of Assam] recently issued a notice to the central government upon an SLP on whether anticipatory bail … Continue reading Reviewing Anticipatory Bail- Pandora’s Box?
Detention, the Rights of Pregnant Women, Fetus & Children Born in Prison
The idea of a fetus’s life and the state’s inherent duty to protect it was developed by the Indian courts in the case of Suchita Srivastava v. Chandigarh Administration
Criminal Law Research & Review 