Open Access Research Article
BAIL JURISPRUDENCE AND THE PRESUMPTION OF INNOCENCE: A COMPARATIVE STUDY OF INDIA, THE UNITED STATES AND ENGLAND AND WALES
Abstract
Bail plays an important
role within the criminal justice system as it allows personal liberty to be
upheld whilst proceeding with the criminal process. Whilst the presumption of
innocence can be given to those who are accused of offences, they may be held
in custody which can cause problems. This can have an impact on their
employment, family life, financial situation and defence.
This paper looks at bail
law within three countries. India, the United States and England and Wales. It
looks at the law surrounding bail, and how courts aim to strike a balance
between personal liberty and public safety. India will be looked at by
focussing on the Bharatiya Nagarik Suraksha Sanhita, 2023 and important cases.
The U.S. will look at how the Bail Reform Act of 1984 provides a framework.
Finally, England and Wales will be looked at with reference to the Bail Act
1976 and European Convention on Human Rights.
This paper will also look
at how bail ties in with the presumption of innocence, equality and personal
liberty. It is argued that bail decisions should be made on a case by case
basis, rather than an extra punishment. Although each country has different
laws they all have to strike a balance between the rights of the accused and
legitimate public interest.
Published Paper
Author Details
Authors: J.M. ANISHARegistration ID: 1013615 | Published Paper ID: IJLRA13615Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
BAIL JURISPRUDENCE AND THE PRESUMPTION OF INNOCENCE: A COMPARATIVE STUDY OF INDIA, THE UNITED STATES AND ENGLAND AND WALES
Authors: J.M. ANISHA
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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