Bail and Personal Liberty

April 11, 2023

The core tenet of our judicial system is that someone shouldn’t be taken away from their freedom until there has been a clear violation of the law. There is no justification for keeping an accused person in prison while they await trial if there is no significant risk that they would evade the legal system. The general practise is to release someone on bond unless there are indications that he could try to elude the law or obstruct the administration of justice. Refusal to grant bail constitutes an infringement of the individual’s right to personal liberty protected by Article 21 of the Constitution, hence such refusals must be uncommon.

The question of bail is one of liberty, justice, public safety, and burden on the public treasury, all of which require that a developed jurisprudence of bail is essential to a socially sensitive judicial process, as noted by Krishna Iyer J. As an accused person’s or convicted person’s personal liberty is fundamental, it can only be legitimately limited through the legal process. Article 21’s rightly states that the fundamental of human existence is “the liberty  of that human .” If you want to be a judicial officer and are looking for RJS coaching, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.

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