India’s bail system is facing in urgent need of reforms. The refusal to grant of bail violates right to liberty of individuals undergoing criminal prosecution by confining them in jails without trial and conviction. While judicially enforceable right to bail existed at the time when our current Constitution was framed, the framers thought it wise to commit it to the legislature, so as to enable them bringing about reforms which, at that time, could not be foreseen.
The bail is the security given by the defendant, it acts like a surety or guarantee for the defendant to show up in the court at a later date when summoned.
This legal requirement helps maintain the status quo of the criminal law which is that an accused person will remain free until found guilty by a Court of Law.
The surety may be cash, the papers giving title to property, or the bond of private persons of means or of a professional bondsman or bonding company.
Crimes have been taking place day in and day out and still our commitment towards protecting innocent and fostering the rule of law is far from satisfactory. Concerns regarding granting of bail in India being routinely rejected by subordinate courts for the simplest of an offense has become a matter of serious concern to our judiciary system which harbors a number of loopholes that need to be addressed without holding up any further.
The Courts should decide regular bail application within a maximum time period of 7 days from filing. Sadly, in practice, it is observed accused languish in jails for months waiting for disposal of his bail application.
The pendency of bail applications has increased during the pandemic due to the shutting down of courts and the exacerbation of arrests for minor offences by the police.
The bail amount in session courts, even for petty offences is a minimum of ₹10,000 and ₹30,000 in the case bail before the High Courts and the Supreme Court.
The bail laws in India are complex and require deeper study to comprehend. Further, the administration of bail differs across various courts in India and at different stages of criminal cases– pre-arrest, post-arrest and conviction stages.
There are a number of conditions that need to be fulfilled for the regular bail. These conditions can vary depending on the category and type of criminal matter. Depending upon the sage of the criminal matter, there are commonly three types of bail in India:
