'Bail is the Rule, Jail an Exception': The Supreme Court on Undertrials and Criminal Antecedents
UPSC Relevance
Prelims: Indian Polity and Governance (Judiciary, Fundamental Rights - Article 21, Criminal Justice System).
Mains:
General Studies Paper 2 (Polity & Governance): Structure, organization and functioning of the Judiciary; Criminal Justice System reforms; Fundamental Rights. The issue of undertrials and the principles of bail are core GS2 topics.
Key Highlights from the News
The Supreme Court, in a significant ruling, clarified that bail cannot be denied solely on the grounds of a person's criminal antecedents.
Long periods of detention for undertrials should be a primary consideration for granting bail.
The Court reiterated the golden rule of Indian bail law, "bail is the rule and jail an exception," put forward by Justice V.R. Krishna Iyer.
This ruling corrected the High Court's decision to cancel bail granted by the Sessions Court to the accused in a political murder case in Kerala.
Bail cancellation should be to ensure trial integrity and prevent witness tampering, not merely as a form of punishment.
This verdict emphasizes the importance of personal liberty and the rights of undertrial prisoners.
COMMENTS