Provisions & Issues Relating to Bail Laws In India

The primary object, to hold and arrest a person accused, is to ensure that his / her appearance is at the time of trial and to ensure that in case he/she is convicted guilty he is available to receive the result. The common question is that if the presence of the accused before the court of law could reasonably be ensured without captivating him, it would be unjust and unfair to deprive the accused of his liberty during the pendency of the criminal proceedings against him. The release on the lease is very important to an accused because the result of pre-trial detention is itself very critical as the accused will be subjected to the psychological and physical deprivation of jail life, the accused will lose his / her job, and prevents him from contributing effectively to the preparation of his defense and most importantly the burden of detention often falls on the innocent members of his family. The article briefly tries to discuss the impact of the law in India on its poor subjects, by briefly emphasizing the history of the lease system to the current prevailing practice in India