Bail
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From Safeguard To Straitjacket: Bail Jurisprudence Under India’s NDPS Regime
ABSTRACT This article explains the law of bail under the Narcotic Drugs and Psychotropic Substances Act, 1985 in clear and accessible terms while critically examining how it operates in practice. It outlines the basic idea of bail as a mechanism that allows an accused person to remain at liberty during investigation and trial and contrasts…
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The Bail-to-Trial Gap: How India’s Undertrial Crisis Transforms Punishment Into Process
1. Introduction: The Constitutional Paradox of Preventive Incarceration. One of the cases involved Rajesh Kumar, who spent 1247 days in Tihar Jail, accused of stealing a mobile phone worth 8,000. The magistrate finally acquitted him at the end of his trial in 2019, but by then, he had lost his job as a daily wage…
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When Safety Net Becomes A Trap
Abstract This piece is about a feeling most of us recognise but rarely name. The quiet moment when you realise that the liberty you were taught about in school is not in tune with the nerve of the criminal justice system. It is not about dramatic breakdowns or spectacular abuses of power, it is about…
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A system, a state of existence and a theory: the trifectas of indefinite incarceration | Mahvish Fatima, VL Desk
The DHC judgement rejecting the Bail Appeals of the political prisoners in the larger Delhi pogrom conspiracy case is an indent in the bail jurisprudence of India. One that finds the conscience of law in conflict with the sociology of law. The Delhi High Court in its judgement dated September 2nd, 2025, rejected a batch…