In a 2022 judgment in the Satender Kumar Antil case, the Supreme Court had proposed the introduction of a specific enactment akin to the United Kingdom's Bail Act to streamline bail processes. The court emphasized the need for uniformity and certainty in bail decisions, highlighting that over two-thirds of India's prison inmates are undertrial prisoners, many of whom may not require arrest. ([thehindu.com](https://www.thehindu.com/news/national/bring-a-new-act-on-bails-supreme-court-tells-centre/article65628668.ece?utm_source=chatgpt.com))
The court's recommendation was rooted in concerns over the excessive use of arrest powers by investigating agencies and the resultant overcrowding of jails. It noted that the current legal framework, a continuation of the pre-independence system with modifications, necessitated a re-evaluation to better protect individual liberty. ([thehindu.com](https://www.thehindu.com/news/national/bring-a-new-act-on-bails-supreme-court-tells-centre/article65628668.ece?utm_source=chatgpt.com))
Despite these observations, the government maintains that the recent overhaul of criminal laws sufficiently addresses the issues raised by the Supreme Court. The government has not provided specific details on how the new reforms tackle the concerns related to bail procedures and pre-trial detentions.
Legal experts have expressed mixed reactions to the government's stance. Some argue that a separate Bail Act would provide clearer guidelines and reduce the discretionary powers of the judiciary, leading to more consistent bail decisions. Others believe that the existing legal provisions, if implemented effectively, are adequate to ensure fair bail practices.
The Supreme Court has consistently underscored the principle that 'bail is the rule, jail is the exception,' applicable even under special statutes like the Unlawful Activities (Prevention) Act. In an August 2024 ruling, the court emphasized that denying bail in deserving cases violates fundamental rights under Article 21 of the Constitution. ([thehindu.com](https://www.thehindu.com/news/national/bail-is-rule-for-offences-even-under-special-statutes-like-uapa-supreme-court/article68519548.ece?utm_source=chatgpt.com))
The government's decision not to pursue separate bail legislation raises questions about the effectiveness of the recent criminal law reforms in addressing systemic issues related to pre-trial detention and the protection of individual liberties. As the legal community continues to debate the necessity of a distinct Bail Act, the focus remains on ensuring that the principles of justice and personal freedom are upheld within India's legal framework.