International Comparative Guides | 04 June 2018

Introduction

The question “Bail or Jail?” at the pre-trail stage, as famously pointed out by the famous Indian jurist, Hon’ble V R Krishna Iyer, shall always belong to the “blurred area of the criminal justice system[1]. The Indian courts, in line with the Eight Amendment of the US Constitution, have acknowledged that ‘bail, not jail, is the norm’[2] but at the same time have also evolved principles such as “collective interest of the community and the safety of the nation[3], to carefully balance the interest of the state and the rights of the accused while deciding bail applications made by accused persons. [Continue Reading]