“BAIL IS THE RULE, JAIL IS THE EXCEPTION: A CONSTITUTIONAL ANALYSIS OF PERSONAL LIBERTY IN INDIA”

AUTHOR – ARTIKA ROY, ISWAR SARAN DEGREE COLLEGE, PRAYAGRAJ

BEST CITATION – ARTIKA ROY, “BAIL IS THE RULE, JAIL IS THE EXCEPTION: A CONSTITUTIONAL ANALYSIS OF PERSONAL LIBERTY IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 529-535, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The norm “ Bail is the rule, jail is the exception” has long been etched in the ethos of criminal jurisprudence. This principle was evolved to act as safeguard against a disproportionate, arbitrary  pre trial incarceration that undermines personal liberty. An under trial prisoner has a presumption of innocence adhered with him, the aforesaid principle ensures that prolonged procedure ought not be a punishment and the fundamental rights of the person are not swept away. However, contemporary judicial trend depict a paradoxical image; a constitutional anomaly and erosion of personal liberty within the connotations of article 21 of the Indian constitution. Through an analytical and doctrinal study of the constitutional provisions in this regard, the paper traces the rising antimony of this norm. Further, the paper consistently presents a study of bail regimes under special laws – NDPS act, the PMLA and the UAPA. The analysis aims at investigating a constitutionally harmonious interpretation of right to bail under these legislations and identifying a value-action gap surfaced as dichotomy between ideals and practice. Eventually, suggesting a way forward and reaffirming the established norm of Bail as a rule.