BAIL AND RIGHTS DURING TRIAL UNDER GENERAL AND SPECIAL LAWS

AUTHOR – MUSHIRALI HAMIDALI SAIYED* & MOHIT MATHUR**

* STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

** ASST. PROFESSOR OF LAW, UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – MUSHIRALI HAMIDALI SAIYED & MOHIT MATHUR, BAIL AND RIGHTS DURING TRIAL UNDER GENERAL AND SPECIAL LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 1082-1094, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This chapter examines the rights of the accused in India with a focus on bail and trial protections under general and special laws. It highlights key constitutional guarantees such as the presumption of innocence, right to counsel, and protection against self-incrimination. Special laws like the POCSO Act and NDPS Act, however, impose stricter bail norms and reverse the burden of proof, often leading to prolonged pre-trial detention. Through analysis of statutory provisions and judicial interpretations, the chapter underscores the tension between safeguarding public interest and upholding individual liberty, emphasizing the need for balanced, rights-based legal processes