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Sunday, February 22, 2004 |
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Sunday, February 22, 2004 |
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Bail: Law and Procedures THE "right to life" comes into force with the birth. In the present scenario, the right to life and personal liberty is considered as the very basis of every human existence. It is the most precious fundamental right under Article 21 of the Constitution, which states that "no person shall be deprived of his life or personal liberty except according to procedure established by law." As human rights are expanding its horizons and bringing in its ambit "human dignity and decency," the author says there should be no flagrant and wanton invasion on one’s personal liberty and life. Recognising the sensitivity of the matter and the harassment that is faced by the individuals at the hands of various law handling agencies, the author has made every effort to put light on the preventive measures. "Bail" means the judicial release from custody after furnishing the required bond. The author has explained this concept by discussing its scope, origin and difference between bailable and non-bailable offence, and also in what circumstances bail can be cancelled. The concept of anticipatory bail is also well defined. According to criminal law, "crime" is an offence committed against society at large. Therefore, whenever a person transgresses the provisions of law, he is made answerable to the society. The accused is arrested because arrest is supposed to be the premier tool in securing his presence at the trial. Afterwards, a trial is conducted so as to adjudge his guilt. As the trial involves a lengthy procedure, hence keeping in view the value of accused’s life and the procedural aspect, our criminal law has adapted the adversary system based on accusatorial method, ie, a person is considered to be innocent till he is proved guilty. Natural justice requires that no one should be condemned unheard. Therefore, the accused should be given a chance to engage a lawyer who could represent him and justify his cause. With this rule as its basis, it has become a settled proposition of law that grant of bail is a rule and refusal of bail is an exception. In other words, there should be bail and not jail. The author feels that the value of life and liberty is understood the most by the one who languishes in jail without any rhyme or reason. In order to help the victims who are being harassed by police agencies, the author provides useful tips on "bail" by incorporating various Supreme Court decisions. The book explains the technicalities of law and its procedure in such a simple and systematic order that it may prove to be of great help for the students of law. However, senior lawyers and professors may find it too simple. The author has projected "bail as the main theme," but by culminating various topics it seems he sidelined his track. In comparison to other books on "bail," the book lacks comprehensiveness. On the whole, the book is of great help as it facilitates even a layman to recognise his rights and give due regard to the protection of the rights of the weak, meek, helpless and innocent citizens of the country. |
