The existing Cr. PC did not define the terms Bail, Bail Bond and Bond. BNSS has defined these with the intent to clearly spell out these three often used terms in the Criminal Procedure. This will remove any ambiguity from the Criminal Procedures being enacted.
- Bail is defined under sub-clause 2(b) as ‘release of a person accused of an offence from the custody of law upon certain conditions imposed by an officer or court including execution by such person of a bond or a bail bond. Bond is defined under sub-clause 2(e) as a ‘personal bond or an undertaking for release without payment of any surety’. Bail bond is defined under clause 2(d) as ‘an undertaking for release with payment of surety.’
Tougher laws on Bail for certain category of offences - Bail provisions have been made stricter for certain category of offences. A vital amendment proposed is in Cl.480 BNSS which replaces s.437 CrPC (bail in non-bailable offences). Under this provision, two categories of persons who are not to be released on bail are provided
and the exception to this ineligibility is mentioned in the first proviso: women, persons who are sick or infirm, and child. - Exclusion of a person against whom Inquiry/Trial is Pending: Sub-clause (2) to CI.479 BNSS, which is an addition to the existing provisions under s.436A CrPC, provides that where an investigation, inquiry or trial in more than one offence, or in multiple cases are pending against a person, he shall not be released on bail by the court. This sub-clause excludes a category of persons from the benefit of this provision.
- S.436A CrPC was inserted vide the Criminal Law (Amendment) Act, 2005 (‘2005 Amendment’). This provision states that where a person has undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for the offence he is under investigation, inquiry or trial for, he shall be released by the Court on bail (with or without surety). A significant exclusion from this provision is that of a person accused of offences punishable by life imprisonment. So far, the provision
- under s.436A has excluded persons who are accused of an offence punishable with death. However, the BNSS CI.479 expands this category by also excluding those accused of an offence punishable with imprisonment for life.
- Further, CI.480 provides that such persons would be ineligible for bail if there is a reasonable apprehension that they have committed the offence punishable with death or imprisonment for life. This allows a court to consider the prima facie case against the accused while deciding the bail application, which is not the case in CI.479.
