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Title: Statutory provisions relating to bail: judicial trends
Researcher: Tinjan, Ashu Sanjeev
Guide(s): Singh, Preet
Keywords: law
judicial trends
Upload Date: 28-Mar-2013
University: Maharshi Dayanand University
Completed Date: 2011
Abstract: Examining the scope of invoking article 21 of the Constitution, in a case, the Supreme Court observed that while it is true that Article 21 has not been incorporated in the Constitution to safeguard the offenders, provided however that, there is due sanction of law in the matter of having the petitioners in the custody.1 Bail or jail? That’s the question. Every citizen in presumed to be lawabiding and innocent. But when the court speaks of presumption of innocence of the accused, it only means to stress that the burden of proving guilt lies entirely on the prosecution and that strict proof must be given for holding that the accused is guilty. This is based on the principle that every citizen is entitled to live in liberty till he commits an offence; and nobody, including the state, should take away his liberty without establishing before a court of law that he had committed the offence and thus rendered himself disqualified for enjoying the liberties of a free citizen.2 For the purpose of granting bail offences have been classified into Bailable and non-bailable offences under Section 2 of the Criminal Procedure Code. The basic distinction in these offences is that in bailable offences Bail can be claimed as a matter of right, whereas in non-bailable offences it is at the discretion of the Courts whether to grant bail or not. While granting bail in case of non-bailable offences various factors are to be taken into account by the Courts Today the horizon of Human Rights is expanding. At the same time, the crime rate is also increasing. Observing this, Supreme Court has been held that there is urgent need to make a balance between personal liberty and investigational powers of Police.
Pagination: 332p.
Appears in Departments:Department of Law

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01_title.pdfAttached File71.56 kBAdobe PDFView/Open
02_declaration.pdf53.82 kBAdobe PDFView/Open
03_acknowledgements.pdf63.69 kBAdobe PDFView/Open
04_list of cases.pdf156.81 kBAdobe PDFView/Open
05_abstract.pdf84.36 kBAdobe PDFView/Open
06_summary.pdf114.42 kBAdobe PDFView/Open
07_chapter 1.pdf227.99 kBAdobe PDFView/Open
08_chapter 2.pdf222.13 kBAdobe PDFView/Open
09_chapter 3.pdf252.29 kBAdobe PDFView/Open
10_chapter 4.pdf248.04 kBAdobe PDFView/Open
11_chapter 5.pdf366.19 kBAdobe PDFView/Open
12_chapter 6.pdf367.41 kBAdobe PDFView/Open
13_chapter 7.pdf337.11 kBAdobe PDFView/Open
14_chapter 8.pdf200.29 kBAdobe PDFView/Open
15_bibliography.pdf70.88 kBAdobe PDFView/Open

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