Bail Provision Under Bnss

One of the first things we frequently wonder about when we hear about an arrest is "Will they get bail?" This matter takes on even more importance in light of the most recent changes made to the Bharatiya Nagarik Suraksha Sanhita, the new procedural law.  

In comparison to the Criminal Procedure Code (Cr.P.C.), BNSS 2023 has not only significantly altered the bail rules but also added new definitions for terms like bond, bail, and bail bond. In addition, it has modified the guidelines for anticipatory bail and the amount of time someone can be detained in custody prior to trial.

Bail under BNSS

The addition of definitions for the term "bail" is one of the major modifications to the Bharatiya Nagarik Suraksha Sanhita (BNSS). There is ambiguity because the CrPC does not define this phrase specifically. By defining this term in Section 2, the BNSS offers clarification:

Bail is defined as the releasing of an individual from custody of the law under specific terms set by a court or officer upon the fulfilment of a bond or bail bond by the accused or suspected of committing a crime.

Types of Bail

• Regular Bail: If someone is being held in custody on suspicion of committing a crime, a judge may order their release.

• Anticipatory Bail: Any person who believes they will be charged with a crime for which bail is not available may apply for anticipatory bail under Section 482 of BNSS.

• Interim Bail: While a request for anticipatory or normal bail is pending, interim bail is a type of temporary release.

• Default Bail: If the accused can show that the required sixty or ninety days have elapsed since their apprehension and no formal complaint or charge sheet has been filed.

• Medical Bail: Allowed to individuals exclusively on the basis of their medical needs.

Anticipatory Bail under BNSS

• With the exception of a single exclusion, anticipatory bail under the BNSS is mostly unchanged from the Cr.P.C. 

• Expanding on the Cr.P.C. provision that forbids anticipatory bail for those accused of gang rape that involve women under 16 (Section 376DA) or 12 (Section 376DB) under Section 438(4) of the Cr.P.C., the law now forbids anticipatory bail for those alleged of gang rape involving women under 18 years old.

• This amendment expands the purview by refusing anticipatory bail to individuals charged with gang rape of women under the age of 18, as opposed to the Cr.P.C.'s 16-year statute of limitations.

  
  

Changes for Undertrial Prisoners under BNSS

• Early Release of First-Time Criminals: Under the current legislation, a first-time offender, someone who has never been found guilty of a crime before, who has served a specified amount of time in jail as an undertrial inmate is not eligible for an early release. Nonetheless, if the first-time offender has served up to one-third of the sentence set for the offense as an undertrial prisoner, the new law allows for their early release.

• If more than one Case is Pending, Bail Will be Granted: The current legislation does not include a clause that would prevent an undertrial prisoner from being granted bail in situations when an individual is the subject of an ongoing investigation, inquiry, or trial for several offenses or cases. The new law, however, has included a harsher clause that states that an individual facing an investigation, inquiry, or trial for more than one offense or in numerous cases, would not be granted bail and will instead be placed in an undertrial prison.

• Bail May Be Granted Based on the Superintendent of Jail's Report: The recently enacted legislation stipulates that the Superintendent of Jail must make a written application to the court in order to proceed with the release of an undertrial prisoner on bail after they have served one-third or half of the required sentence, depending on the circumstances, for the offense listed in the  BNSS.

  
  

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