Presumption of Innocence in Bail Jurisprudence: Erosion or Evolution?
Abstract
The presumption of innocence is a cardinal principle of criminal jurisprudence, ensuring that an accused is considered innocent until proven guilty. However, in the context of bail proceedings, this principle faces significant challenges, particularly in India, where special laws like the Unlawful Activities (Prevention) Act (UAPA), 1967, the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985, and the Prevention of Money Laundering Act (PMLA), 2002, impose stringent conditions for bail. These laws, by nature, often reverse the burden of proof, requiring the accused to demonstrate their innocence or satisfy ‘twin conditions’ to secure release, thereby straining the integrity of the presumption of innocence. This paper examines whether these developments signify an erosion of this fundamental principle or an evolution driven by contemporary challenges such as national security and economic offenses, among others. Through a doctrinal analysis, the paper explores the historical evolution of bail jurisprudence in India, the impact of special laws and also discusses the comparative perspectives from the United Kingdom’s Bail Act, 1976 and the European Court of Human Rights (ECtHR) standards. The author argues for a recalibration of bail laws to balance individual liberty with state interests, ensuring that the presumption of innocence remains a robust safeguard in the criminal justice system, even against the contemporary evolving nature of criminal legislations.
How to Cite This Article
Aaryan Bansal, Dev Plaha (2024). Presumption of Innocence in Bail Jurisprudence: Erosion or Evolution? . International Journal of Judicial Law (IJJL), 3(4), 38-41. DOI: https://doi.org/10.54660/IJJL.2024.3.4.38-41