{"id":32385,"date":"2026-09-16T11:20:49","date_gmt":"2026-09-16T11:20:49","guid":{"rendered":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/?p=32385"},"modified":"2026-09-16T11:25:02","modified_gmt":"2026-09-16T11:25:02","slug":"bail-for-the-child-woman-and-vulnerable-accused-a-compassionate-and-constitutionally-sensitive-approach","status":"publish","type":"post","link":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/bail-for-the-child-woman-and-vulnerable-accused-a-compassionate-and-constitutionally-sensitive-approach\/","title":{"rendered":"Bail for the Child, Woman, and Vulnerable Accused: A Compassionate and Constitutionally Sensitive Approach"},"content":{"rendered":"\n

<\/span>Introduction<\/span><\/h2>\n\n\n\n

Bail jurisprudence in India is anchored in the principle that pre-trial detention must not become punishment before conviction, reflecting the constitutional guarantee of personal liberty under Article 21 and the mandate that bail is the rule and jail the exception. At the same time, the law recognises that not all accused persons stand in identical positions: a child, a woman, or someone who is sick or infirm may suffer disproportionate hardship from incarceration. To address this, Section 480 BNSS and Section 12 of the Juvenile Justice Act provide statutory safeguards, requiring courts to consciously weigh individual vulnerability alongside conventional bail factors such as offence gravity, risk of absconding, or interference with justice. The framework thus embodies a humanising element of criminal procedure, ensuring that liberty is preserved while victim safety, dignity, and fair trial integrity remain protected.<\/p>

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