ISSN2320-2882
Impact Factor9.17
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ESTD2013
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Paper Title
From Custody to Liberty: Comparative Study of Bail Provisions
Authors
Shreya Modanwal
Keywords
Bail, Bond, Conditional Liberty, Sureties and Personal Bond
Abstract
The concept of bail lies at the very foundation of criminal jurisprudence, embodying the delicate balance between safeguarding individual liberty and ensuring the effective administration of justice. Rooted in the old French word baillier, meaning "to give or deliver," bail has evolved through judicial interpretation rather than statutory definition under the Code of Criminal Procedure, 1973, and now finds codified expression in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Bail represents not absolute freedom but conditional release, transferring custody from the State to sureties or personal bonds, thereby securing the accused's presence before the court. As Justice V. R. Krishna Iyer emphasized, bail is not merely a procedural formality but a constitutional safeguard against arbitrary detention. Article 21 of the Indian Constitution enshrines the right to life and personal liberty, while Article 11 of the Universal Declaration of Human Rights reinforces the presumption of innocence, both serving as normative anchors for bail jurisprudence. Landmark judgments such as State of Rajasthan v. Balchand , Hussainara Khatoon v. State of Bihar , and Satender Kumar Antil v. CBI have consistently reaffirmed that bail is the rule and jail the exception. This paper explores the statutory framework under BNSS, judicial pronouncements, and doctrinal underpinnings of bail and bond provisions, highlighting their role in balancing public safety with the fundamental right to personal freedom.
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IJCRT — journal style
"From Custody to Liberty: Comparative Study of Bail Provisions", IJCRT - International Journal of Creative Research Thoughts (www.ijcrt.org), ISSN:2320-2882, Vol.14, Issue 3, page no.h384-h391, March 2026, Available :https://ijcrt.org/papers/IJCRT2603885.pdf
APA — 7th edition
Modanwal, S. (2026). From Custody to Liberty: Comparative Study of Bail Provisions. International Journal of Creative Research Thoughts, 14(3), h384-h391. https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603885
MLA — 9th edition
Modanwal, Shreya. "From Custody to Liberty: Comparative Study of Bail Provisions." International Journal of Creative Research Thoughts, vol. 14, no. 3, 2026, pp. h384-h391, https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603885.
Chicago — 17th, bibliography
Modanwal, Shreya. "From Custody to Liberty: Comparative Study of Bail Provisions." International Journal of Creative Research Thoughts 14, no. 3 (2026): h384-h391. https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603885.
Harvard — author–date
Modanwal, S. (2026) 'From Custody to Liberty: Comparative Study of Bail Provisions', International Journal of Creative Research Thoughts, 14(3), pp. h384-h391. Available at: https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603885
IEEE — numbered reference
S. Modanwal, "From Custody to Liberty: Comparative Study of Bail Provisions," IJCRT, vol. 14, no. 3, pp. h384-h391, Mar. 2026.
Vancouver — biomedical
Modanwal S. From Custody to Liberty: Comparative Study of Bail Provisions. IJCRT. 2026 Mar;14(3):h384-h391.
AMA — 11th edition
Modanwal S. From Custody to Liberty: Comparative Study of Bail Provisions. IJCRT. 2026;14(3):h384-h391. Accessed at https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603885
BibTeX — Zotero, Mendeley, LaTeX
@article{IJCRT2603885,
author = {Shreya Modanwal},
title = {From Custody to Liberty: Comparative Study of Bail Provisions},
journal = {International Journal of Creative Research Thoughts},
volume = {14},
number = {3},
pages = {h384-h391},
year = {2026},
month = {March},
issn = {2320-2882},
url = {https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603885}
}
RIS — EndNote, RefWorks
TY - JOUR
AU - Modanwal, Shreya
TI - From Custody to Liberty: Comparative Study of Bail Provisions
T2 - International Journal of Creative Research Thoughts
JA - IJCRT
VL - 14
IS - 3
PY - 2026
SN - 2320-2882
UR - https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603885
SP - h384-h391
ER -
Issue
Volume 14 Issue 3,
March-2026
Pages : h384-h391
Article Information
- Pages
- h384-h391
- Published
- March 2026
- Registration ID
- IJCRT_303902
- Published Paper ID
- IJCRT2603885
- Research Area
- Other area not in list
- Author Type
- Indian Author
- Location
- Mirzapur, Uttar Pradesh, India
- Peer Review
- Request Peer Review Report
- Licence
- CC BY 4.0 · Open Access
- ISSN & Impact Factor
- 2320-2882 · IF 9.17
- Downloads
- 151
- Permanent Link
- https://ijcrt.org/viewpaperforall.php?paper=IJCRT2603885
- Published Paper PDF
- https://ijcrt.org/papers/IJCRT2603885.pdf
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