When procedure punishes

Jaiswal, Raunaq and Mahapatra, Eesha (2024) When procedure punishes. Deccan Herald.

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Abstract

When it comes to the law of bail in India, there are two sides of the coin. On one side, we have the principle that ‘bail is a rule, and jail is an exception.’ The other side reveals the harsh reality that ‘procedure is the punishment.’ However, when the metaphorical coin is tossed, it rarely falls with a 50% probability on either side. For instance, while the Supreme Court of India has consistently affirmed that ‘bail is a rule and jail is an exception,’ this principle has often found pockets of exception in application, meaning that some individuals have been deprived of their liberty without a formal indictment of their guilt. Similarly, despite the Supreme Court holding that the right to default bail is a fundamental right, instances of interpretative chicanery have created pockets of exceptions to this rule.

Item Type: Article in News Papers and Magazine
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 01 Oct 2024 16:06
Last Modified: 01 Oct 2024 16:06
Official URL: https://www.deccanherald.com/opinion/when-procedur...
URI: https://pure.jgu.edu.in/id/eprint/8570

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