bail provisions

Reaffirming Personal Liberty: The Supreme Court’s Constitutional approach to Bail and Undertrial Detention

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Published On: April 22nd 2026 Authored By: Preksha Sarda Dr. Babasaheb Ambedkar Marathwada University, Aurangabad Abstract This article examines the constitutional foundations of bail jurisprudence in India and analyses how the Supreme Court has reaffirmed the protection of personal liberty in the context of pre-trial detention. Drawing on foundational precedents and recent judicial developments between […]

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BAIL JURISPRUDENCE AFTER THE BHARATIYA NYAYA SANHITA: IS “BAIL NOT JAIL” STILL THE NORM?

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Published On: April 18th 2026 Authored By: Vaidehi Sharma Symbiosis Law School, Noida Abstract India’s criminal justice system is undergoing a transformative shift with the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the Code of Criminal Procedure and formally codifies bail jurisprudence. This article examines whether the constitutional maxim “bail, not

BAIL JURISPRUDENCE AFTER THE BHARATIYA NYAYA SANHITA: IS “BAIL NOT JAIL” STILL THE NORM? Read More »

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Bail as the Rule, Jail as the Exception: Reality or Rhetoric in Indian Criminal Justice

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Published On: March 13th 2026 Authored By: Anubhab Sen Brainware University Introduction Deeply ingrained in Indian jurisprudence, the adage “bail is the rule, jail is the exception”[1] serves as a fundamental tenet that supports the assumption of innocence until proven guilty and the critical value of individual liberty. However, this ideal frequently remains more aspirational

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