Special Law, Regular Bail, Perverse Outcome? Assessing Judicial Prejudice in Bail Proceedings under the POCSO Act by Abhiram Nitin – NUJS Law Review [Vol 17, Issue 2]: Read Now

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The NUJS Law Review is one of India’s most prestigious academic journals, consistently delivering in-depth legal scholarship and fostering dialogue on contemporary legal issues. The Review features contributions from legal scholars, practitioners, and students, creating a platform for critical examination of judicial decisions, legislative frameworks, and emerging areas of law.

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About the Article

The article “SPECIAL LAW, REGULAR BAIL, PERVERSE OUTCOME? ASSESSING JUDICIAL PREJUDICE IN BAIL PROCEEDINGS UNDER THE POCSO ACT” by Abhiram Nitin delves into the complex interplay between judicial discretion and statutory mandates in bail proceedings under the Protection of Children from Sexual Offences (POCSO) Act.

Key Themes Explored:

• Presumption of Innocence vs. Offence Severity:
  The paper underscores the pivotal role of the presumption of innocence in bail proceedings, critiquing how courts frequently prioritize the severity of the alleged offence over this foundational principle.
• Judicial Misinterpretations:
  Nitin argues that decisions by the Supreme Court, Kerala High Court, and Delhi High Court reflect a misapplication of the reverse-onus clause, undermining the fundamental fairness of bail proceedings.
• Critical Analysis of Dharmander Singh Judgment:
  The article closely examines the Delhi High Court’s ruling in Dharmander Singh v. State (NCT of Delhi), identifying flaws in judicial reasoning and raising concerns over potential prejudicial effects. However, through an extensive review of bail jurisprudence from 2022 to 2023, the author concludes that the judgment has not yet resulted in systemic judicial bias or adverse precedential impacts.

Key Arguments:

• The POCSO Act, while introducing specialized procedures, retains regular bail provisions that are often disregarded by lower courts.
• Judicial bodies’ overemphasis on the seriousness of the offence leads to inconsistent outcomes in granting bail, raising concerns over due process and fair trial rights.
• Courts’ reliance on extraneous factors rather than legal principles distorts the doctrine of presumption of innocence, creating inconsistency in bail jurisprudence.

Why This Article Matters

This article sheds light on a crucial yet underexplored facet of criminal jurisprudence, offering invaluable insights for legal practitioners, judges, and students of law. By addressing the gap between legislative intent and judicial practice, the article aims to drive future discussions and encourage reforms in bail jurisprudence under special legislations like the POCSO Act.

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Event Details

Event	Details
Article Title	Special Law, Regular Bail, Perverse Outcome?
Author	Abhiram Nitin
Journal	NUJS Law Review, Vol 17, Issue 2
Published Date	2024
Access Article	Read the Full Article

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How to Access

• Link to Full Article: NUJS Law Review – Special Law, Regular Bail, Perverse Outcome?
• This article is part of Volume 17, Issue 2 of the NUJS Law Review.

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This article adds an important voice to the conversation on judicial accountability and the intersection of special laws with regular bail procedures. Legal professionals and students can benefit greatly from the nuanced analysis provided, contributing to a more informed and equitable legal landscape.