Enhancing Access to Bail for Undertrial Prisoners: Legal Framework and Policy Implications in India.
Law, Criminal law, Undertrial prisoners.
The Indian criminal justice system, like many others worldwide, faces challenges in ensuring fair and equitable access to bail for undertrial prisoners. This paper examines the legal framework and policy implications of bail in India, focusing on the factors influencing bail determinations, challenges faced by undertrial prisoners, and potential avenues for reform. Beginning with an overview of bail laws in India, including relevant provisions of the Code of Criminal Procedure, the paper explores the principles guiding bail decisions and the discretion afforded to judicial officers. It then delves into the socio-economic disparities, pretrial detention practices, and bail amounts that contribute to barriers in accessing bail for undertrial prisoners. Additionally, it explores the challenges faced by undertrial prisoners in accessing bail, including issues related to pretrial detention practices, bail amounts, and judicial discretion. Drawing on case studies and doctrinal evidence, the paper analyses existing bail reform initiatives, such as alternative forms of bail and pretrial services programs, and evaluates their effectiveness in addressing systemic inequalities. Furthermore, it offers recommendations for enhancing access to bail in India, emphasizing the need for legislative reforms, procedural fairness, and advocacy efforts to ensure the equitable administration of justice.
Article Details
Unique Paper ID: 162340

Publication Volume & Issue: Volume 10, Issue 10

Page(s): 41 - 48
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