BAIL JURISPRUDENCE IN INDIA – A CRITICAL ANALYSIS

AUTHOR – JYOTI TRIPATHI* & JUHI SAXENA**

* LLM SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW

BEST CITATION – JYOTI TRIPATHI & JUHI SAXENA, BAIL JURISPRUDENCE IN INDIA – A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 354-360, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The jurisprudence surrounding bail in India reflects an ongoing tension between the constitutional guarantee of personal liberty and the imperatives of criminal justice administration. While the Supreme Court has progressively interpreted bail provisions under the Criminal Procedure Code, 1973 in light of Article 21 of the Constitution, the practical realities remain troubling. Millions of undertrial prisoners, often from marginalized backgrounds, continue to face prolonged detention due to poverty, lack of legal aid, and discretionary bail decisions. This paper critically analyzes the evolution of bail jurisprudence in India, focusing on landmark judicial rulings, structural inequalities, and the recent criminal law reforms introduced under the Bharatiya Nagarik Suraksha Sanhita, 2023. It also draws comparative insights from jurisdictions such as the UK and the US to suggest reforms aimed at creating a fairer and more accessible bail system in India.

Keywords: Bail, Criminal Justice, Article 21, Undertrial Prisoners, Anticipatory Bail, BNSS 2023, Supreme Court of India, Judicial Discretion, Comparative Law, Bail Reform