Author: Anjali Kumari

ABSTRACT

The bail system is known to safeguard personal liberty, deeply rooted in the presumption of innocence, and it is an essential tool to avoid unnecessary pre–trial detention. Nevertheless, in recent times, bail decisions often depend on an accused’s economic status instead of an objective assessment of the threat to society. 

This article critically examines how monetary bail has transformed liberty into an advantage available primarily to the wealthy, thereby fostering discrimination against economically disadvantaged individuals. It also proclaims that poverty has become a silent factor of pre–trial detention. Ultimately, this article raises the question of whether a criminal justice system that bases freedom on financial capacity can ever truly claim to be equal. 

Keywords: Bail, Economic Status, Presumption of Innocence, Monetary Bail, Pretrial Detention, Criminal Justice System, Personal Liberty. 

INTRODUCTION

Equality before the law is a fundamental guarantee in every democratic legal system. In the criminal justice system, it is expected to operate on principles of fairness, equality, and the presumption of innocence until proven guilty. Bail is one such legal tool that embodies these principles by allowing an accused to be released during the pendency of the trial, thereby safeguarding their personal liberty. In theory, it serves as a safeguard, but in reality, it often operates as a powerful means of economic exclusion. 

Bail provides a smooth return to individuals with economic advantage regardless of the seriousness of the offence committed by them. However, for poor individuals, the inability to obtain financial backing results in unnecessary pretrial detention. This distinction raises a fundamental question: Does the bail system safeguard justice, or does it reinforce inequality?

Pretrial detention holds consequences far more than temporary confinement. When detention arises not because of guilt but due to economic disadvantage, the presumption of innocence becomes meaningless.

This is reflected in the state’s prison population. Many of these prisoners remained detained not because they are considered a threat to society, but because they lack the financial means to fulfil bail conditions. Judicial decisions have recognised that such detention results in punishment without conviction, weakening both constitutional guarantees and public trust in the justice system.

This article aims to investigate the relationship between bail decisions and economic status, examining whether the criminal justice system operates on fair principles.

Freedom for Sale: When Justice Comes with a Price Tag

The Supreme Court has clearly stated that “India cannot have two parallel legal systems, one for the rich and the other for the small men without resources and capabilities to obtain justice or fight injustice.” 

In India, the idea of “everyone is equal before the law” is often reflected in reality. Economic status has a strong impact on how this system works. People with strong social power and money escape themselves, while the poor struggle to survive within the system. This results in unfair and cruel outcomes.

One of such issues is the bail system. A poor person, even for a minor crime, may spend many years in jail because they cannot afford bail. There have been many cases where individuals with strong connections have received quick bail and special treatment in jail, whereas the general public faces strict actions even for minor offences.

 Wealthy individuals often manipulate the legal system through their status, influence, and power. They have an indirect influence on the system; this may include top-tier legal defences, and they may also create false evidence, thereby making the case in their favour. On the other hand, the poor face systematic disadvantages. It is to be noted that these poor individuals are more likely to be convicted of crimes than the rich ones. This distinction highlights a significant disparity in the criminal justice system, suggesting that wealth and influence can impact the application of justice. 

When bail starts to depend on influence and not fairness, the law loses its meaning. Unfortunately, it has become an advantage for the wealthy and a trap for the poor.  

Same Crime, Different Fate

“The rich get richer, and the poor get prison”, indicates the discrimination that how rich and poor are treated in the criminal justice system. Accused of similar offences, they mostly face different outcomes depending on their wealth, power, and ability to gain legal expertise.

Rich people have better access to high–tier lawyers who help them secure anticipatory bail and speedy trials. They have political connections and a strong social influence by which they mould the case and even settle the heinous crimes outside the court by means of money and sometimes misusing the power.

One of such cases is the Pune Porsche car crash case. A 17-year-old boy, son of a real estate developer, allegedly driving a high-end Porsche car, rammed into a two-wheeler, killing two young people on the spot. He was granted bail by the Juvenile Justice Board on the condition that he would work with the traffic police and write an essay for the same. No immediate detention was followed despite public outrage. It demonstrates how influence and resources can bring about a shift in the criminal justice system.

In the well-known case of Hussainara Khatoon v. State of Bihar, the Supreme Court found that there are many under-trial prisoners serving jail terms that exceed the actual sentence for their alleged offences. Many such prisoners were accused of petty offences, yet they remained imprisoned because they could not afford legal representation; some of them were in prison without any trial. This case highlighted how economic disadvantage can turn a pretrial detention into a form of punishment in itself.

How Pre-Trial Detention Destroys Lives Without a Verdict

In our Judicial system, pretrial detention has become a form of punishment. Courts are overburdened, investigations and procedures are slow, and the trials are frequently adjourned. Such prisoners often wait for the verdict. This causes a devastating impact on their life, such as loss of employment, mental trauma and family disintegration. This also impacts their families, who face emotional trauma and discrimination within the community. Even after the acquittal, the loss suffered by them cannot be cured.

Many studies and judicial observations have found that such prisoners have anxiety, depression and trauma even after the acquittal. In one such case of Bhima Koregaon violence, it was observed that the accused who spent many years in pretrial detention under UAPA developed serious health conditions, and many of them died while still legally presumed innocent.

Pretrial detention is a slow process that affects the social, economic, psychological, and legal rights of an individual. When justice is delayed or denied, it calls into question the very foundation of the principles of a fair trial and the justice system.

From Inequality to Justice

Reform of this issue must begin with a shift in perspective – bail must be treated as an essential component of the right to personal liberty safeguarded under Article 21 of the Indian Constitution, rather than as a privilege reserved for the wealthy community. Monetary bail must be discouraged, especially for serious offences. The court must impose non–monetary conditions, such as a personal bond or travel restrictions. 

Legal aid must be provided to prisoners, and there must be regular inspections in jails to check the conditions and address the issues of the prisoners. There must be strict guidelines for the ill-treatment and torture faced by them in jail. Speedy trials should be treated as a fundamental remedy where the court must enforce a timeline for the various procedures of the case. The court should recognise the class, caste and economic vulnerability when exercising discretion.

Conclusion

As this article shows, bail in India’s criminal justice system operates less as a mechanism and more as a biased tool for the wealthy class of society. The analysis of monetary bail exposes how those with financial resources can have an advantage while the poor struggle for the same. This has affected the pillars of the justice system, and the general public has lost trust and confidence in our judicial process. These outcomes result in punishment without conviction, reflecting the failure of constitutional governance. The effect of such trials extends far beyond the prison walls. Mental trauma, anxiety and depression are faced by both the prisoners as well as their families.

The criminal justice system, which links freedom with economic status, cannot claim to be just and equal. True justice demands liberty through fair principles and constitutional values.

Reference:

1. Upendra Baxi, “The Crisis of the Indian Legal System”, Journal of the Indian Law Institute, Vol. 18 (1976).
2. Shankar & Mehta, “Pretrial Detention and the Presumption of Innocence in India”, Economic and Political Weekly, Vol. 50, No. 9 (2015).
3. Justice V.R. Krishna Iyer, “Bail or Jail?”, Journal of the Indian Law Institute, Vol. 16 (1974).