GS2 · 10 marks · 150 words

"Bail not Jail" is the cardinal principle that upholds the sacrosanct ideas of individual's liberty and dignity. Explain the statement with the help of various judicial pronouncements.

Answered by 4 toppers · CSE 2020–2024

JudiciaryFundamental Rights

Syllabus: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

How toppers approached it

From 3 of the 4 answers · about 130 words · 67% drew a diagram.

Opening

  • No separate opening2 of 3
  • A definition1 of 3

Body

  • Points and prose2 of 3
  • Points1 of 3

Close

  • A summary2 of 3
  • A way forward1 of 3

The toppers’ answers

Madhav AgarwalAIR 16 · CSE 2024 · 117 wordsTheir whole copy

Opening

Law Commission in its report held that Bail must be the norm and not Jail. The idea is to have a liberal democracy rather than a police state.

Judicial pronouncements:

Body · points and prose

  1. Recently Supreme Court urged Government of India to bring a proper law for Bail.

  2. Emphasised on rights of undertrials by accepting a PIL of a jailed citizen.

  3. Been vocal about bail reforms though institutions such as at National/State district level giving free legal aid.

Diagram
- Effect of Jail becoming norm - Overcrowding of jails - Harms minority interests (as form major portion of undertrials) - Appeals increase court burden - Generally low conviction rate in laws such as Sedition, UAPA, etc

Way Ahead :-

  • Bail law based on 'UK model'
  • Sensitization of police (Raynath Mishra Committee)
  • Reforming the criminal justice system (Malimath Commission).

Close · a way forward

Even Honorable President Murmu gave a call to reform bail laws and promote reformative justice.

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