THREADBrowse · 9 entries, read in order

Bail

The rule is bail, not jail. The exceptions are in special statutes, and there is still no Bail Act.

01
Encyclopedia · Principle
Bail, Not Jail
Bail as the rule and custody the exception: the principle, the factors that displace it, and special statutes that reverse it.
Wanted
02
Encyclopedia · Principle
The Presumption of Innocence
The accused is innocent until proved guilty beyond reasonable doubt: its status as a human right and its tension with reverse burdens.
Wanted
03
Encyclopedia · Test
The Triple Test for Bail
Flight risk, tampering with evidence and influencing witnesses as the working test for bail, alongside gravity of the offence.
Wanted
04
Encyclopedia · Test
The Twin Conditions for Bail
Reasonable grounds to believe the accused is not guilty and will not offend on bail: the reversed test under special statutes.
Wanted
05
Review · Fault Line
Anticipatory Bail and Its Limits
Whether pre-arrest bail must be limited in time: the two lines of authority and the Constitution Bench that chose between them.
Wanted
06
Review · Fault Line
Arrest and Bail under the Money Laundering Act
The twin conditions struck down, re-enacted and upheld; and later benches reading the arrest power narrowly.
Wanted
07
Review · Fault Line
Bail under the Unlawful Activities Act
One line of cases bars bail if the accusation looks true on its face; another grants it where trial is long delayed.
Wanted
08
Review · Fault Line
Default Bail and the Incomplete Charge-sheet
When the right to default bail accrues and is lost, and whether a piecemeal charge-sheet defeats it.
Wanted
09
Proposals · Lacuna
No Bail Statute
Bail is governed by scattered provisions and case law; the Court has asked for a separate Act.
Wanted

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