top of page

Anticipatory bail under BNSS (Bharatiya Nagarik Suraksha Sanhita): All you need to know

Introduction


Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the concept of anticipatory bail. This article will comprehensively examine the concept of anticipatory bail under BNSS.


Anticipatory bail primarily addresses pre-arrest situations related to non-bailable offenses. The court's authority to grant anticipatory bail is discretionary, allowing individuals anticipating arrest to apply to the Court of Session or High Court.


Factors considered before granting of anticipatory bail include the nature of accusations, potential harm or humiliation, the applicant's record, and the likelihood of defying justice.


History of anticipatory bail


The concept of anticipatory bail emerged from judicial interpretations of Sections 496, 497, and 498 of the Code of Criminal Procedure, 1898. The Law Commission's recommendations, particularly in the 41st Law Commission Report of 1969, played an important role in shaping anticipatory bail provisions.


Section 497A was later introduced, allowing individuals apprehended for non-bailable offenses to seek bail from the High Court or Court of Session. The Law Commission emphasized that anticipatory bail should be granted in exceptional instances, with final decisions made after notice to the public prosecutor.


Later on, the concept of Anticipatory bail was enshrined under Section 438 CRPC, 1973.


Anticipatory bail enables individuals to seek bail for non-bailable offenses before arrest, with conditions imposed by the court. The landmark case of Gurbaksh Singh Sibbia & Ors. v. State of Punjab (1980) highlighted the need for reasonable grounds to apply for anticipatory bail.


Watch JudiX’s 1 minute video lecture on Bail by Court of Sessions and High Court & Bail by Magistrate under BNSS

Conditions for anticipatory bail


Section 480 BNSS addresses the circumstances for granting bail for non-bailable offenses. Conditions for release include considerations of the offense's nature, previous convictions, the accused's age, health, and other justifiable reasons. The court's order of granting anticipatory bail must be a readones reasoned order and must be recorded in writing.


Cancellation of anticipatory bail can also be done under Section 483(3) BNSS.


Cases involving anticipatory bail:


Several landmark cases have solidified the link between anticipatory bail and Article 21:


1. Sangeeta Bhatia v. State Of Nct Of Delhi (2022): The Delhi High Court affirmed that anticipatory bail has its roots in Article 21, establishing it as a statutory right under Section 438 of the Criminal Procedure Code, 1973.


2. Tarun Jain v. Directorate General of GST Intelligence DGGI (2021): The Delhi High Court reinforced anticipatory bail as a statutory right under the broader ambit of Article 21.


3. Bhadresh Bipinbhai Sheth v. State Of Gujarat & Anr (2015): The Supreme Court clarified that anticipatory bail, enshrined in Section 438 of the Criminal Procedure Code, 1973. aligns with Article 21, emphasizing personal liberty.


4. Gurbaksh Singh Sibbia & Ors. v. State of Punjab (1980): The Supreme Court ruled that the legality of Section 438 of the Criminal Procedure Code, 1973 must adhere to the standards of fairness inherent in Article 21.


Several key case laws have further shaped the jurisprudence of anticipatory bail:


1. Ankit Bharti v. State of Uttar Pradesh (2020): The Allahabad High Court emphasized the conventional approach to seek anticipatory bail from the Court of Session first, then the High Court if needed.


2. Sushila Aggarwal v. State of NCT of Delhi (2020): The Supreme Court clarified that anticipatory bail may not have time restrictions and can last until the completion of the trial.


Frequently Asked Questions (FAQs) on Anticipatory Bail under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):


1. What is anticipatory bail under BNSS, 2023?


Anticipatory bail under BNSS is a procedural provision addressing personal liberty and the presumption of innocence. It allows individuals anticipating arrest for non-bailable offenses to seek protection from the Court of Session or High Court.


2. What factors does Section 482 of BNSS consider for granting anticipatory bail?


Section 482 BNSSconsiders factors such as the nature of accusations, potential harm or humiliation, the applicant's record, and the likelihood of defying justice when deciding on anticipatory bail applications.


3. How did the concept of anticipatory bail originate in BNSS?


The concept of anticipatory bail under BNSS evolved from judicial interpretations of Sections 496, 497, and 498 of the Code of Criminal Procedure, 1898. The Law Commission's recommendations, especially in the 41st Law Commission Report of 1969, played a significant role in shaping these provisions.


4. What conditions can be imposed when granting anticipatory bail under BNSS?


Anticipatory bail enables individuals to seek bail for non-bailable offenses before arrest, with the court imposing conditions as deemed necessary. These conditions are set to ensure compliance with legal procedures.


5. Can anticipatory bail be cancelled under BNSS?


Yes, anticipatory bail can be cancelled under Section 483(3) BNSS. The court holds the discretion to cancel anticipatory bail under specified circumstances.


6. How does Section 480 BNSS address the circumstances for granting bail for non-bailable offenses?


Section 480 BNSS outlines the circumstances for granting bail for non-bailable offenses. It considers factors such as the nature of the offense, previous convictions, the accused's age, health, and other justifiable reasons. The court's discretion is crucial in this regard.


7. What is the difference between the dismissal of a bail application and the cancellation of bail under BNSS?


The case of Charu Soneja v. State (Nct Of Delhi) (2022) distinguishes between the dismissal of a bail application and the cancellation of bail. It emphasizes that the court holds discretion in these matters and must consider the specific circumstances surrounding each case.


8. How long can anticipatory bail last under BNSS?


BNSS does not prescribe a specific time restriction for anticipatory bail. As clarified by the Supreme Court in Sushila Aggarwal v. State of NCT of Delhi (2020), anticipatory bail can last until the completion of the trial.


9. What role does Article 21 of the Indian Constitution play in anticipatory bail under BNSS?


Anticipatory bail under BNSS is linked to Article 21 of the Indian Constitution, which safeguards an individual's right to life and personal liberty. The concept of anticipatory bail aligns with the principles of innocence until proven guilty, upholding the fundamental right to personal liberty.


Anticipatory bail under BNSS (Bharatiya Nagarik Suraksha Sanhita): All you need to know



Recent Posts

See All

Comentarios


bottom of page