CJI Chandrachud Fears Bail Becoming The Exception

Written by:

Adv Shifa

Updated: 09-03-2024

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The fundamental principles of any functioning effectively legal system are equality, fairness, and justice in the discipline of jurisprudence. In India, in which the judiciary is crucial for preserving these values, Chief Justice Chandrachud's recent remarks regarding bail in the bail chandrachud news India have generated a lot of discussion in legal circles and in general.

In the bail chandrachud news India, his fear that bail will grow to be the exception as opposed to the rule points out significant issues with the legal system in India and suggests contemplation and possible modifications that will ensure an impartial execution of justice.

What is a Bail?

When someone writes a written bond, commonly referred to as recognizance, they are promising to appear in court to answer the charges brought against them.
Bail is the term used to describe the provisional release of an individual who is being tried or accused of a crime. This person must guarantee that they will appear when needed in order for the bail to be granted.

Bail is a Rule and Jail is an Exception: About

The Supreme Court in the bail chandrachud news India established the legal maxim "bail is a rule and jail is an exception."
In State of Rajasthan v Balchand @ Baliay, the court granted bail to the petitioner but noted that they were not intended to be exhaustive but rather to be illustrative unless there were indications that the petitioner seeking bail was evading justice, obstructing the course of justice, or causing other issues such as repeating offenses, intimidating witnesses, etc.
Since bail is legally guaranteed and safeguarded, it is a rule. Everyone is entitled to bail, unless specific conditions apply. Jail, on the other hand, is an exception because one need not prove guilt to be charged with a crime. It also goes against his fundamental rights to hold someone like that until they are proven guilty.

What is the Bail News Today?

CJI DY Chandrachud Views on bail is exception news India:

As per the Bail News today, D. Y. Chandrachud expressed grave concerns about the declining national trial courts' adherence to the dictum, "bail as a rule, jail as an exception."
Speaking in Kachchh, Gujarat, to a national assembly of district judges, he stressed the necessity for district judges to actively seek to buck this trend in order to protect citizens' personal freedoms and fundamental rights.
Although jail should be the exception and bail the rule, this idea is not always implemented in reality. Due to the slowness of courts, particularly trial courts, in granting bail, three out of every four inmates are undertrials.
According to Chandrachud on bail is exception news India, the general public now views adjournments and case pending as normal and accepted aspects of the legal system.

The Chief Justice in the bail is exception news India, also brought up the issues that the nation's lower courts are facing and advocated for district courts to be upgraded with proper courtrooms. Overcrowding and a delay in case filings plague many courts as per the Bail News today.

Why Bail is Becoming an Exception?

Public Safety Issues: In cases that involve serious charges, there may be an assumption that releasing an individual on bail places the safety of others at risk.
Justice System Inequality: Disparities in economic standing probably have an impact on who can afford bail. If they can't afford it, they could find themselves arrested, and this would make jail an increasingly common choice than bail.
Legal Precedents and Case Laws: Over time, court rulings and the law have likely changed to adopt higher-profile views of when bail ought to be granted, with fewer exceptions.

CJI Chandrachud said in the Bail News today that both individually and as a group, there is much for each of us to learn from different viewpoints and, above all, from one another. We only need to have the humility to see how much there is to learn and to establish forums for these kinds of conversations.

India may demonstrate its dedication to the rule of law and ensure that justice is accessible to every person, regardless of their past or present situation, by taking up its call for contemplation and reform.

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