Understanding The Provision Of Bail
Understanding Bail Provisions under BNSS Law
Advocates play a key role in securing bail and ensuring compliance with legal conditions. The Bharatiya Nagarik Suraksha Sanhita (BNSS Law) has updated bail provisions to streamline the legal process. The three types of bail under BNSS Law include:
1. Anticipatory Bail: For individuals anticipating arrest, with restrictions on serious offenses.
2. Interim Bail: Temporary relief before the regular bail hearing.
3. Regular Bail: Granted post-arrest, based on judicial discretion.
Bail ensures protection of personal liberty, a right upheld by Article 21 of the Constitution. The BNS Act introduces reforms, expanding bail eligibility while imposing stricter conditions on habitual offenders. It also strengthens victims’ rights by involving them in bail proceedings, ensuring a fair judicial process.
Description
Introduction to Bail:-
Bail is the conditional release of an accused person who is yet to face trial. It refers to the judicial release of the accused with restrictions compelling their appearance before the court as required. While the term “bail” is not explicitly defined in the Bharatiya Nagarik Suraksha Sanhita (BNSS), the provisions governing bail have been revised and incorporated within the new law. The primary purpose of bail is to ensure the accused’s presence during the trial. It can be granted with or without sureties. However, bail can be canceled if the accused fails to comply with conditions or appear in court.
Types of Offenses under BNSS:-
- Bailable Offenses: These are offenses for which bail is a right and must be granted by the police or the court.
- Non-Bailable Offenses: These are more serious offenses where bail is granted at the court’s discretion based on certain conditions.
Types of Bail:-
Regular Bail:
- Applies when an individual is arrested for a non-bailable offense.
- Bail is granted based on court discretion considering the nature of the offense.
- Conditions include the accused appearing before the court as required.
Interim Bail:
- Temporary relief granted until the final bail application is decided.
- Granted based on factors such as the urgency of the case and necessity.
- It ensures that the accused is not detained unnecessarily while the bail application is under consideration.
Anticipatory Bail:
- Allows an individual to seek pre-arrest bail in anticipation of being falsely accused.
- Granted by the High Court or Court of Session for non-bailable offenses.
- The court must be satisfied that the accused does not intend to evade justice.
Bail Application and Hearing:-
- A bail application can be filed before the trial or during an appeal after conviction.
- Under BNSS, courts evaluate factors such as the nature of the offense, the evidence available, the accused’s financial condition, and their past criminal record before granting bail.
- The reasons for granting bail are recorded in writing by the judge.
Reviews (0)
Reviews
There are no reviews yet.