Kinds Of Bail: An Introduction And Analysis

Under criminal justice system, bail is the rule and jail is an exception. Upon a person's arrest, different kinds of bail are available to him at different stages of his proceedings, as legal remedies to come out of the rigors of custody. This article introduces the different kinds of bail available to an accused.

I. Introduction

The Hon'ble Justice V.R. Krishna famously observed that "Bail is a Rule and Jail is an exception." This quote was made keeping in mind the spirit of Article 21 of the Constitution of India which states that no person shall be deprived of his life or personal liberty except according to procedures established by law. When a person is arrested, he is deprived of his personal liberty. The arrest of any person entails loss of reputation, stigma and grave consequences on the family of the arrested person. The concept of bail flows from this fundamental right that a person should not be made to languish in jails unless absolutely necessary.