The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, introduced significant reforms to India's criminal procedure, notably impacting bail provisions. Here's an overview of the key changes:
1. Early Release for First-Time Offenders
Under the BNSS, first-time offenders (those with no prior convictions) may be eligible for early release:
Section 479(1) mandates release if the individual has served up to one-third of the maximum sentence for the offense, provided no other cases are pending against them.
This provision aims to reduce prolonged detention for individuals without a criminal history.
2. Restrictions on Bail Due to Multiple Pending Cases
The BNSS imposes stricter criteria for granting bail when multiple cases are pending:
Section 479(2) denies bail if the individual is under investigation, inquiry, or trial for more than one offense or in multiple cases.
This provision aims to prevent the misuse of bail and ensures that individuals with ongoing multiple proceedings cannot evade justice through bail.
3. Mandatory Bail After Prolonged Detention
The BNSS introduces a mechanism for mandatory bail after prolonged detention:
Section 187(3) stipulates that if an accused is not charged within specific timeframes—90 days for serious offenses (punishable by death, life imprisonment, or 10+ years) and 60 days for others—they are entitled to default bail upon request.
This provision safeguards against indefinite detention without trial.
4. Regular Bail Provisions
Regular bail can be sought by individuals in judicial custody for non-bailable offenses:
Section 480 allows for bail applications before any court other than a High Court or Court of Sessions for non-bailable offenses.
Section 483 grants special powers to High Courts and Courts of Sessions to grant bail under conditions deemed fit.
For offenses under Section 65 or 70(2) of the BNSS, prior notice must be given to the Public Prosecutor, and the presence of the first informant or their representative is required at the bail hearing.
5. Anticipatory Bail Provisions
Anticipatory bail allows individuals to apply for bail in anticipation of arrest:
Section 482 empowers High Courts and Courts of Sessions to grant anticipatory bail for non-bailable offenses.
Restrictions:
Prohibits anticipatory bail for individuals accused of gang rape involving women under eighteen years of age.
Not applicable for offenses under Section 65 and Sub-section (2) of Section 70 of the BNSS, which include serious crimes such as gang rape of minors.
6. Jail Superintendent's Role in Bail Applications
The BNSS introduces a new responsibility for the Jail Superintendent:
Section 479(3) requires the Jail Superintendent to submit a written application to the court for the release of undertrial prisoners who have completed either one-third or one-half of their sentence, depending on the case.
This ensures a systematic approach to bail applications and promotes transparency in the release process.
These reforms aim to balance the rights of the accused with the need for effective law enforcement, ensuring a fairer and more transparent criminal justice system.
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