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Bail Law and Practice in India

Bail Law and Practice in India

  • ₹350.00

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  • Author(s): Manoj Kumar Sinha, Anurag Deep
  • Brand: Indian Law Institute
  • Edition: 1 Ed 2019
  • ISBN 13 9788192792668
  • Approx. Pages 226 + Contents
  • Format Paperback
  • Approx. Product Size 24 x 16 cms
  • Delivery Time Normally 7-9 working days
  • Shipping Charge Extra (see Shopping Cart)

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Description
The law of bail has consistently been the most vital and intricate issues of constitutional law, criminal law and human rights. It is a fine blend of two principles preventive measure principle and personal liberty principle. "Preventive measure principle" is an old principle which obliges State to protect society from a person whose conduct is punishable under law because s/he may be a threat to peace and order in society. This person is taken into custody to prevent any further injury. It is also essential that the suspect does not interfere in legal process like investigation, evidence collection, threatening witnesses etc.. On the other hand "personal liberty principle" is comparatively new and individualistic in nature. It strongly believes that physical freedom of a person is one of the most paramount right and unless it is indispensible (not just necessary), a person ought not to be kept into custody. The third principle that is central to the idea of bail is presumption of innocence. These three principles which evolve the institution of bail jointly ensure liberty with limitations, freedom with fetters and deprivation with dignity. The bail jurisprudence witnessed a metamorphosis through the constitutional framework in India regarding fundamental rights particularly article 14, 19 and 21. "Bail is rule and jail is exception" stimulated the criminal jurisprudence through various statutes particularly CrPC 1973 and the liberal interpretation of provisions regarding bail is continuously imbibing new life in the bail jurisprudence. Though the doctrine of personal liberty unlocked the law of bail and is at the center of legal development, the evolution of law of bail indicates that the practice of bail (or conditional release ) had nothing to do with "liberty" of individual. The history of bail has been traced back to pre Norman England (year 1066). Pending trials the suspected persons  were kept in prisons under unsanitary conditions and delay in trial used to result in death of many accused in prison. In order to avoid  personal responsibilities of death and to gain some money the sheriff started entering into some ad hoc arrangements with accused. The idea of "release and return" got established. First important statutory recognition was in the Prisoners and Bail Act 1275 in the Statute of Westminster. The power of bail gradually moved from power of police to power of judiciary and from power to obligation of these authorities. With the incorporation of human rights jurisprudence, the bail law kept on inventing and inventing itself chiefly through judicial interpretation, judicial legislation, legislative enactments and a few executive directives.
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Table of Contents
Chapter 1 : Individual Freedom and Criminal Justice Administration : Constitutional
                        Perspectives with Special Reference  to Right to Bail
Chapter 2 : Law Relating to Bail in India 
Chapter 3 : bail by Police 
Chapter 4 : Bail : Judicial Discretion 
Chapter 5 : Anticipatory Bail
Chapter 6 : Bail under Special Legislations 
Chapter 7 : Default Bail 
Chapter 8 : Cancellation of Bail 
Chapter 9 : Restructuring "Bail" : A Roadmap of "Justice" to Under-Trials
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Author Details
Mamoj Kumar Sinha 
Anurag Deep

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