Open Access Research Article
BAIL AND LIBERTY UNDER BNSS, 2023: CONTINUITY, CHANGE AND CONSTITUTIONAL CONCERNS
Abstract
The Code of Criminal Procedure,
1973 (CCP) has been superseded by the
Bharatiya Nagarik Suraksha Sanhita,
2023 (BNSS). The debate over the connection between criminal proceedings and India's constitutional guarantees of individual liberty
has been reignited after the enactment of this legislation. This paper will critically assess the extent
to which BNSS reforms the law
of bail and whether the provisions of
BNSS are in furtherance of the
guarantees contained in Article 21 of the Constitution. It uses
a doctrinal research methodology by matching the provisions of BNSS with the developing bail jurisprudence of the Supreme
Court, starting from State of Rajasthan v. Balchand to Satender Kumar
Antil v. Central
Bureau of Investigation. The analysis shows
that the BNSS mostly maintains the current
system of routine, anticipatory and default bail, including minor
but significant revisions. Special
emphasis is placed on Section 479,
which loosens the requirement for the police
keeping of first offenders but does not apply
to cases where there are multiple proceedings
concerning the release of the individual, and Section 187, which authorises police custody in part and has raised
concerns about how default
bail is applied. The paper
contends that it represents a long-standing gap between the legislative
agenda and constitutional protections, together
with the typically absent statutory guidelines on the use of the bail authority. It requires appropriate bail conditions, efficient administrative
enforcement of the law, and judicial interpretation that supports liberty.
Ultimately, the BNSS is just a partial
reform, and the exercise of personal liberty
will determine its viability.
Published Paper
Author Details
Authors: DR. SUMBUL FATIMARegistration ID: 1013393 | Published Paper ID: IJLRA13393Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 1544- 1560
Article Information
BAIL AND LIBERTY UNDER BNSS, 2023: CONTINUITY, CHANGE AND CONSTITUTIONAL CONCERNS
Authors: DR. SUMBUL FATIMA
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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