Bail Jurisprudence
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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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Discretion Without Doctrine: How Bail Jurisprudence Normalised Constitutional Uncertainty in India
Abstract Bail jurisprudence in India operates at the fault-line between the State’s coercive authority and the individual’s constitutional entitlement to personal liberty. While the Supreme Court has consistently recognised bail as a constitutional safeguard rather than a mere procedural concession, contemporary practice reveals a system marked by doctrinal fragmentation and institutional unpredictability. This article argues…
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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…