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Bail without liberty: Digital surveillance and the changing meaning of release

By: Gupta, Ekta Arfeen, Hamda Akhtarul and Satia, Simarjeet Singh.
Material type: materialTypeLabelBookPublisher: Economic & Political Weekly Description: 61(12), Mar 21, 2026: p.10-13. In: Economic & Political WeeklySummary: The recent judicial practices incorporating digitally mediated bail conditions reflect an emerging shift in how liberty is structured within criminal procedure. The growing reliance on surveillance-oriented conditions on bail suggests that release is no longer defined solely by freedom from physical custody but by compliance with technologically structured supervision. These developments call for closer scrutiny of how surveillance logics reshape the freedom of those awaiting trial without altering the formal doctrine of release.-Reproduced https://www.epw.in/journal/2026/12/law-and-society/bail-without-liberty.html
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Articles Articles Indian Institute of Public Administration
61(12), Mar 21, 2026: p.10-13 Available AR138693

The recent judicial practices incorporating digitally mediated bail conditions reflect an emerging shift in how liberty is structured within criminal procedure. The growing reliance on surveillance-oriented conditions on bail suggests that release is no longer defined solely by freedom from physical custody but by compliance with technologically structured supervision. These developments call for closer scrutiny of how surveillance logics reshape the freedom of those awaiting trial without altering the formal doctrine of release.-Reproduced

https://www.epw.in/journal/2026/12/law-and-society/bail-without-liberty.html

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