Source: The post “Revisiting the bail norm’’ has been created, based on “Revisiting the bail norm” published in “BusinessLine” on 13th January 2026.
UPSC Syllabus: GS Paper-2- Polity
Context: The Supreme Court in State of Rajasthan v Balchand (1977), through Justice V.R. Krishna Iyer, established that bail is the rule and jail is the exception. The ruling emphasized humaneness in criminal justice while upholding the rule of law. Despite this, current practices show that bail jurisprudence is often obfuscated and inconsistent, leading to unnecessary escalation to higher courts.
Challenges in Bail Jurisprudence:
- Escalation to Higher Courts: Bail applications are often taken to the Supreme Court, consuming its precious time. Many applications are registered but not heard, or only a few get judicial attention.
- Inconsistency in Court Decisions: Recent Delhi riots case (Umar Khalid and Sharjeel Imam) highlighted perceptions of inconsistent bail rulings. Courts differentiate based on the role of the accused, e.g., principal conspirators vs. subsidiary actors, but public perception often sees this as arbitrariness.
- Prosecution’s Role: Many prosecutors adopt a mechanical and aggressive approach, opposing bail regardless of merit. Political pressures and fear of criticism discourage prosecutors from exercising discretion.
- Delay in Disposal of Cases: Under-trial prisoners often remain in jail for years, violating basic human rights. In the Delhi riots case, some accused were in jail for five years before bail was considered.
- Human Rights Concerns: Routine incarceration of suspects, especially for minor or subsidiary roles, undermines human rights and presumption of innocence. High numbers of under-trial prisoners in India’s jails is a shame and strains the criminal justice system.
Way Forward:
- Strengthen lower court capacity to decide bail quickly and reduce unnecessary escalation to higher courts.
- Promote consistent and transparent standards for bail, with guidelines differentiating roles of accused and nature of offenses.
- Encourage prosecutors to adopt a balanced approach considering humanitarian grounds.
- Implement fast-track procedures for under-trials to ensure timely justice.
- Educate public and judiciary about human rights and presumption of innocence, reinforcing that bail is the norm.
Conclusion: Bail should remain the rule, not the exception, balancing crime control with human rights. Judicial reforms, better prosecution conduct, and timely disposal of cases are essential to uphold justice, fairness, and the integrity of India’s criminal justice system.
Question: The principle of ‘Bail is the rule and jail is the exception’ is often ignored in practice. Discuss the challenges in bail jurisprudence in India and suggest reforms to ensure timely and humane dispensation of justice.
