Human Rights and Bail Administration : An In-depth Study on Legal Safeguards and Judicial Interpretations in India

Abstract

The three pillars of human rights—life, liberty, and dignity of the individual—are essential to ensuring that people enjoy better lives than animals. The enacted criminal and procedural legislation must be consistent with the fundamental principles of the constitution and with human rights. Involved parties in the criminal justice system include judges, juries, law enforcement personnel, prosecutors, attorneys, and litigants. The way the cases are handled is governed by a number of penal and procedural rules. However, the core of the judicial system in the democratic nations controlled by the Constitution consists of applying the same stricto sensu to safeguard the rights of both the guilty and the victims. It has been established that the notion of bail develops to ensure the accused person's personal liberty, which is protected by Article 21 of the constitution. Even a foreigner must receive equal treatment when receiving bail in accordance with the equality principle.