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PHD Synopsis
PHD Synopsis
INTRODUCTION:
the freedom to an individual that serves and provides justice, public safety.
upon the public treasury and a blot on the reputation of an individual who
has been arrested and detained for a long period of time without giving due
integral part criminal justice system in India and the world which provides
Constitution of India has to be preserved and protected by the state and other
The bail has been defined as the surety as well as guarantee for securing the
presence as well as release of a person from legal custody who has been
responsibility has been imposed upon him/her that he/she shall appear at the
The Code of Criminal Procedure, 1973 has not defined the term bail,
A bail is nothing but a surety inclusive of a personal bond from the accused.
It means that the accused person be released from custody either by the
trial stage while enabling any interference in the judicial process. Thus, it is a
It is a well recognized principle which has been reiterated by the Courts that
The purpose behind bail is that a person is not guilty until proven so beyond
reasonable doubt. The right not to be detained and denied bail without a just
pre-trial stage of the criminal trial process and safeguards the liberty of
accused persons. This right has two aspects: a person charged with an offence
cause and the right to reasonable bail. In the first facet, a provision may not
deny bail without “just cause” there is just cause to deny bail only if the
promote the proper functioning of the bail system and is not undertaken for
any purpose extraneous to that system. The second aspect, the right to
reasonable bail, relates to the terms of bail, including the quantum of any
monetary component and other restrictions that are imposed on the accused
for the release period. It protects accused persons from conditions and forms
Laws which impose harsh conditions for grant of bail, may be essential in
public interest; so far, if trials are not concluded in time, the injustice
deleterious effects where the accused belongs to the weakest economic strata;
loss of family bonds and alienation from society. The Courts, therefore, have
acquittal from the charges, the loss incurred upon the accused would be
case is before an appellate Court as an appeal, the same differs from pre-trial
release or bail which is granted during the trial because the guilt of the
accused has been established. For the reason, a person who has been
sentenced and has filed an appeal shall be detained in a custody unless and
until the judge finds that the evidence against the accused is clear ;
The person is possible neither to flee nor present a danger to other persons or
society and
In an offences which are punishable under Special Acts like Narcotic Drugs
Children from Sexual Offences Act, 2012 (POCSO, 2012), The Unlawful
provisions for bail like NDPS(S. 37), UAPA (S. 43 D (5)), POCSO , PMLA
(S.45) and in that case the Courts before whom bail applications are pending
Most of the times it has been seen that for seeking pre-arrest bail
(anticipatory bail) in the offences under special acts, provisions of the Code
i.e. section 438 has to be relied upon. The NDPS Act, POCSO Act, UAPA
Act are classic examples. Despite the fact that there is no exclusion of
anticipatory bail in special acts except SC&ST Act, the Courts in India are
JUSTIFICATION:
The Constitution of India is called as the mother of all laws and the framers
the Indian legislators and courts are still following the Codes enacted by the
provisions regarding the grant of bail to an accused persons and the scope of
those provisions are limited to some extent and the bail application are
regarded in a negative sense and the courts in India decides the bail
in most of the cases are also abysmally low in criminal cases in India and an
As per the Criminal Courts in general with the trial courts in particular are the
A code is required to cast a duty upon the Investigating agencies and the
Courts to complete the investigation and trial within a prescribed time and
There are some prisoners who despite of enlarging on bail could not fulfil the
conditions which have been imposed by the Courts and those persons still
remained incarcerated.
liberty of a human being. In order to maintain balance and to deal with this
extreme measure in the interest of public safety and human rights the bail
serve an important device to ensure that the criminal trial is not vitiated.
conduct a study on the topic, “Law Related to Bail and Personal Liberty in
OBJECTIVES:
Special Acts.
HYPOTHESIS:
following hypothesis:
individual is positive.
METHODOLOGY:
Research Design:
The present study tries to explore and understand the various problems
faced by the accused persons while seeking bail using empirical study
Data Collection:
The data for conducting the study comprises of both primary and
secondary sources and the researcher will rely on both primary as well as
questions to get a better response from the respondents. The date will also be
quantitative and the qualitative data. Nevertheless, for understanding the legal
comparison of the data collected by both these methods will indicate the
For sampling, stratified and purposive sampling method shall be used. A total
number of 650 repondents will be chosen from the Province of Jammu which
CHAPTERISATION:
and the provisions of bail in offences punishable under Special Acts in Indian
trial.
FIRST YEAR:
In the first year, the researcher would primary focus on the existing literature
in the field of bail laws in India. The researcher will simultaneously work on
reports etc.
Rough draft of first two chapters of the proposed work shall be prepared.
Researcher will also make a paper presentation and publish the paper related
to the topic of the study. Data shall be collected and rough draft for 3 rd, 4th
THIRD YEAR: In the last year, the researcher will focus on the completion
INDIA (2019), The Indian Law Institute New Delhi: This book covers
principles that dealt with the bail under CrPc 1973. The provisions of
bail under special legislations have also been analysed in this book. The
desirable.
Legal Affairs under the Ministry of Law and Justice asked the Law
Anticipatory bails. Further the report advised the Courts to adopt and
further included the draft of the Criminal Law Amendment Bill 2017
York Senate Research Service 1978; The paper work traces and
the United States of America. The paper further studies that how the
book focused on different areas related to bail law in India. This book
tilted in favour of granting bail rather its denial.. The study further
who are eligible to be released on their personal bond i.e. under trial
prisoners who have spent more than half of the maximum period of
period of detention.
bail in India, its origin and its jurisprudential development. The concept
detail in this book. Further the authors have delved upon the need for
Courts in India.