Bail is an integral element of the Indian criminal justice system that reconciles the fundamental right to personal liberty with the broader interest of societal justice. It embodies the legal process through which a person accused of a criminal offence is released from custody, subject to conditions that ensure their participation in judicial proceedings. The right to bail in India is anchored in Article 21 of the Constitution, which safeguards personal liberty. Over the decades, judicial interpretations by the Supreme Court and evolving legislative frameworks, culminating in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), have sought to streamline and protect this right. This article examines bail law in India through the lenses of constitutional jurisprudence, statutory development, and key Supreme Court pronouncements, with a particular focus on how the BNSS transforms procedural safeguards. CONCEPTUAL FRAMEWORK AND CLASSIFICATION OF BAIL Though not defined in either the CrPC or the BNSS, bail has been interpreted as a mechanism to ensure that an accused is not subjected to unnecessary detention while preserving the integrity of the legal process. Indian bail jurisprudence categorizes bail as: – Bailable Bail – Section 436 CrPC / Section 479 BNSS – Non-Bailable Bail – Section 437 CrPC / Section 480 BNSS – Anticipatory Bail – Section 438 CrPC / Section 484 BNSS – Interim Bail – temporary bail until final adjudication of the main application
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