File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Persisting Obstacles In The Process Of Bail

Over Crowdedly Jail Gives Rise To Medical Issues:

One of the major consequences of not granting bail is that it leads to overcrowded jails. Overcrowded jails not only lead to physical health issues but also mental health issues. Indian jail settings are especially vulnerable to the spread of infectious diseases, including sexually transmitted illnesses like hepatitis B, hepatitis C, and HIV-AIDS as well as illnesses like TB.

These environments are overcrowded and unhygienic. A 2013 cross-sectional study of a South Indian jail revealed that 84 percent of detainees were anemic, 18 percent suffered ascariasis, and almost 10 percent experienced acute upper respiratory tract infections. 1

Additionally, compared to the general population, Indian convicts have significantly higher rates of mental health issues. According to one research, 56.4 percent of those with criminal records and 23.8 percent of those with convictions had a history of substance misuse.

Non Serious Offences Not Considered Bailable:

Bail is a right and jail is an exception � A Famous slogan Bail can be claimed as matter of right in bailable offences .Although bail is a right under CrPC, Court fails to recognize it as a right and deny bail in many instances. Right to claim bail is absolute and indefeasible.

In this bailable offence, even the police officer can grant the bail to the accused after the execution of bail bond. When the bail is claimed for bailable offences, the investigating officer or the Court cannot exercise their discretion to refuse it. But Courts often either cancel the bail that has been granted or reject the bail application even for bailable offences.

When someone stands before him for the first time and is eligible for bail, no magistrate may refuse to grant it. Bail is a matter of right. If the defendant does not show up on the hearing date, the magistrate may issue non-bailable warrants to ensure that the defendant is present. In this situation, the defendant is arrested, and the magistrate may refuse the bail request right away. The Court does not seem to follow the above procedure and right away reject the bail application in bailable offence.

Delay In Execution Despite Faster:

The Constitution's rule that "no person shall be deprived of his life or personal liberty except according to the procedure prescribed by law" was intended to safeguard individual freedom against the arbitrary and unjustified exercise of state power and authority.

According to the law, everybody who commits a crime is put in jail. Their freedom is restricted by the State as a kind of legal punishment, and in order to regain her freedom, one must ask for bail in a court of law.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly