Law of Bail

“Bail not jail,” as expounded by Justice V R Krishna Iyer, is the central theme of discussion in this publication. Law of Bail, while tracing the history of the concept of bail in India and other jurisdictions, delves into the legislative provisions governing bail. The authors analyse the relevant provisions of the Code of Criminal Procedure, 1973 in the context of legislative developments and judicial interpretation accorded to it by the superior courts. The comparative analysis of parameters considered in matters of regular bail and anticipatory bail, especially in view of the new-found rigour with which perpetrators of economic offences are being pursued and prosecuted, has been presented in a tabular format for ease of reference and understanding. The aim is to review the legislative and judicial developments relating to bail on the anvil of Article 21 of the Constitution of India, which recognises the right to life and personal liberty as a fundamental right.
The commentary also examines the bail provisions under special statutes including The Unlawful Activities (Prevention) Act, 1967; The Prevention of Money Laundering Act, 2002; Narcotic Drugs and Psychotropic Substances Act, 1985; Protection of Children from Sexual Offences Act, 2012; and Juvenile Justice (Care
and Protection of Children) Act, 2015. The last chapter in the book encapsulates the law relating to bail as it stands today, identifies lacunae in the existing legal framework, and expounds the course that bail provisions should take in the future. The book will be of immense value to practitioners, judges, police officers, enforcement officers, policy makers, academicians and researchers.
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