In India, where justice often takes time and delayed trials are common, the call for reforming bail laws is growing louder. Over two-thirds of the country’s prison population consists of undertrial prisoners, many of whom may not even belong behind bars. Their continued detention typically results not from the severity of their alleged offences but from an antiquated legal system and social inequalities. A major contributor to this issue is the bail system that is being manipulated in certain cases by unscrupulous elements. To address this, there is an urgent need to pass a comprehensive Bail Act, which would set clear principles, eliminate inconsistency, and better uphold the constitutional promise of “bail, not jail.”
Tehelka’s Special Investigation Team uncovered alarming findings during its probe, revealing that bail has evolved into a business within the country. In our cover story, “Bail for Sale,” we highlight the corrupt workings of the system, where fake guarantors, intermediaries, and dubious legal professionals manipulate the bail process for profit. The rates charged depend on factors like location and case type. This reveals a blurred distinction between genuine and fraudulent practices, with middlemen exploiting both sides for their benefit. Not only is fake bail being sold for financial gain, but even the standard bail system has been commercialized. The recent investigation by the CBI into a large-scale bail bond scam within the Railways further underscores the entrenched nature of this illicit market.
Bail, at its core, is designed to ensure that an accused person returns for trial, and not to punish him before his guilt is proven. Denying bail should be a rare exception, reserved for clear cases where the accused is a flight risk, may interfere with evidence, or poses a threat to witnesses. When a case relies primarily on documentary evidence, the accused should not be held in detention due to procedural delays. However, discrepancies in bail decisions remain a persistent problem. Whether someone is granted bail—and when—often depends less on the merits of the case and more on judicial discretion or opposition from the prosecution. The situation is exacerbated by a tendency among magistrates to approve remand, especially when requested by the police, automatically.
It is encouraging to note that just last week, the Chief Justice of India, Justice B.R. Gavai, highlighted during the Justice V.R. Krishna Iyer Memorial Law lecture that the fundamental principle of “bail is the rule and jail is the exception” has been largely ignored in recent years. If it were adhered to, India’s prisons would not hold 3.75 lakh undertrial prisoners, constituting 74.2% of the total incarcerated population. Justice Gavai emphasized the need for greater compassion, as the majority of undertrials come from marginalized communities. In the meantime, the report by India’s Aircraft Accident Investigation Bureau (AAIB) about the June 12 crash has raised fresh questions over the position of the critical engine fuel cut-off switches. There is some good news too. Astronaut Shubhanshu Shukla, who created history by becoming the first Indian ever to set foot on the International Space Station, is on his way back. Group Captain Shukla is only the second Indian to have gone to space, and the Axiom-4 trip came 41 years after cosmonaut Rakesh Sharma flew aboard a Russian Soyuz in 1984.
