A string of recent verdicts are restoring the constitutional guarantees of liberty that were under severe threat from the courts’ reluctance to grant bail to citizens facing trials for alleged offenses, especially under the PMLA’s draconian provisions
The apex court granted bail to an accused from Bihar, stating that the principle of “bail is the rule and jail is an exception” will apply even to statutes with strict bail requirements. The bench emphasised the significance of granting bail when a compelling case is presented
Chief Justice of India DY Chandrachud recently commented that lower court judges should be more proactive in their bail decisions and should do so without fear of criticism. However, this may be easier said than done within the current justice system of the country
In a new twist to the definition of rape, the Delhi High Court said that if consensual sex occurs between two adults, then there is no wrongdoing even if they are married