Regular Bail under BNSS: A Quick Guide
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure (CrPC), has introduced certain changes in the criminal procedure framework, including provisions relating to regular bail. Bail ensures that an accused person can secure liberty during trial while still complying with the judicial process.
What is Regular Bail?
Regular bail is sought by an accused person who has already been arrested and is in police or judicial custody. It is distinct from anticipatory bail (before arrest) and interim bail (temporary relief).
Provisions under BNSS
- Eligibility: Any accused in custody may apply for regular bail before the Magistrate, Sessions Court, or High Court.
- Criteria: Courts consider the nature of the offense, severity of punishment, past conduct of the accused, risk of absconding, and likelihood of tampering with evidence or influencing witnesses.
- Conditions: The court may impose conditions such as surrendering a passport, regular appearance, or restriction on travel.
- Non-bailable Offences: Even in serious cases, courts retain discretion to grant bail, balancing individual liberty with public interest.
Significance under BNSS
The BNSS emphasizes time-bound investigations, use of technology in trials, and protection of victims’ rights, while ensuring fair opportunity for the accused. Regular bail under BNSS continues to uphold the principle that “bail is the rule, jail the exception,” subject to judicial discretion.
Tags: BNSS 2023, Regular Bail, Bharatiya Nagarik Suraksha Sanhita, Criminal Procedure, Bail Law India
