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    Bail Provisions in Bnss-1

    Uploaded by

    Shiv R Arora

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    © All Rights Reserved
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    Bail Provisions in Bnss-1

    Uploaded by

    Shiv R Arora
    116 views2 pages

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    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    116 views2 pages

    Bail Provisions in Bnss-1

    Uploaded by

    Shiv R Arora

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    BAIL PROVISIONS IN BNSS

    The Criminal Procedure Code 1973 doesn't define the terms bail, bail bond, and bond, but the
    BNSS has introduced these terms. According to the definition clause under Section 2 of
    BNSS:

    Clause (b) defines "bail" as “bail" means release of a person accused of or suspected of
    commission of an offence from the custody of law upon certain conditions imposed by an
    officer or Court on execution by such person of a bond or a bail bond.

    Clause (d) defines "bail bond" as, "bail bond" means an undertaking for release with surety.

    Clause (e) defines "bond" as "bond", which means a personal bond or an undertaking for
    release without surety.

    New - Section 479 of BNSS, which is like Section 436A of the Cr.P.C., has made important
    changes to how bail is given to undertrial prisoners, such as:

    1. Reducing detention time for First-Time Offenders: Previously, the law did not
    allow early release for first-time offenders who hadn't been convicted before, even if
    they had spent a significant amount of time in jail awaiting trial. However, the new
    law allows early release for such first-time offenders if they have served up to one-
    third of the sentence for the offence as an undertrial prisoner.

    Provision 1 of Section 479 of BNSS says that "Provided that where such person is a first-
    time offender (who has never been convicted of any offence in the past), he shall be released
    on bond by the Court if he has undergone detention for the period extending up to one-third
    of the maximum period of imprisonment specified for such offence under that law."

    2. Bail can't be granted if multiple cases are pending: Previously, the law did not
    have a rule that stopped an under-trial prisoner from getting bail if they were facing
    investigation, inquiry, or trial in multiple cases. But now, the new law has become
    stricter by not allowing bail if someone has multiple cases pending against them.
    3. Obligation of Jail Superintendent: The new law requires the Jail Superintendent to
    submit a written application to the court for releasing under-trial prisoners on bail
    after serving either one-third or one-half of the sentence, depending on the case .

    SEC 480

    Extended Police Custody Beyond Initial 15 Days, Not a Reason to Refuse Bail

    Section 480 of the BNSS governs the provisions for bail in non-bailable offences, stating that
    an accused person arrested for such an offence shall not be released on bail unless the court is
    satisfied that there are reasonable grounds for granting bail.
    ➢ Sec 480
    ➢ 1. When any person other than a person accused of a non-bailable offence is
    arrested without warrant by an officer in charge of a police station, or appears
    or is brought before a Court, and is prepared at any time while in the custody
    of such officer or at any stage of the proceeding before such Court to give bail,
    such person shall be released on bail:
    ➢ Provided that such officer or Court, if he or it thinks fit, may, and shall, if such
    person is indigent and is unable to furnish surety, instead of taking bail bond
    from such person, discharge him on his executing a bond for his appearance as
    hereinafter provided.
    ➢ 2. Notwithstanding anything contained in sub-section (1), where a person has
    failed to comply with the conditions of the bail bond as regards the time and
    place of attendance, the Court may refuse to release him on bail, when on a
    subsequent occasion in the same case he appears before the Court or is
    brought in custody and any such refusal shall be without prejudice to the
    powers of the Court to call upon any person bound by such bond to pay the
    penalty thereof under section 493.

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