Bail in its essence is a fine balance between the right to liberty of the person accused of an offence and the interests of society at large. The Law Commission of India has urged the government to adopt the bail law according to the changing times, _________________, and the arbitrariness shown by the judiciary in exercise of its discretion.
Instead, the right to liberty acts as a substantive guarantee
The Commission also highlights the need to minimise pretrial confinement of an accused.
the responsive criminal justice system in India.
changing patterns of crimes
Article 5 is not concerned with mere restrictions on freedom of movement
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