Open Access Research Article
BETWEEN LIBERTY AND CUSTODY: A COMPARATIVE JURISPRUDENTIAL STUDY OF BAIL AND REMAND IN THE CRIMINAL JUSTICE SYSTEM
Abstract
Every criminal justice system must answer one uncomfortable question: what should happen to a person who is accused but not yet convicted? Bail and remand are the two legal answers. Remand authorises the State to hold the accused, and bail lets the accused wait for trial in freedom. This article examines both institutions through the Indian legal framework, namely Articles 21 and 22 of the Constitution and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, 1973. It traces how Indian courts moved from the maxim "bail, not jail" to a structured jurisprudence of default bail, anticipatory bail and statutory release of undertrials. It then compares the position in the United Kingdom, the United States, Russia and France. The comparison shows four philosophies: a rights-based presumption of liberty (UK), a risk-based preventive model (US), a court-authorised and time-limited model (Russia) and an exceptional-detention model run by a specialised judge (France). The study concludes that India's real problem is not a lack of law but the way pretrial discretion is exercised, and it offers reforms drawn from the comparative experience.
Published Paper
Author Details
Authors: SHAKTHI SAMIYA S JRegistration ID: 1013518 | Published Paper ID: IJLRA13518Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
BETWEEN LIBERTY AND CUSTODY: A COMPARATIVE JURISPRUDENTIAL STUDY OF BAIL AND REMAND IN THE CRIMINAL JUSTICE SYSTEM
Authors: SHAKTHI SAMIYA S J
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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