Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and Provisions of Bail

Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and Provisions of Bail 

Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 has been passed by both Houses in December 2023. 

Sec. 478 (1) of Sanhita, 2023 says that when any person other than a person accused of a non-bailable offence is arrested or detained 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.

Sec. 479 (1) of Sanhita, 2023 says that where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail. 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. The Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail bond instead of his bond.

Sec. 479 (3) of Sanhita, 2023 says that the Superintendent of jail, where the accused person is detained, on completion of one-half or one-third of the period mentioned in sub-section (1), as the case may be, shall forthwith make an application in writing to the Court to proceed under sub-section (1) for the release of such person on bail.

Since, this provision casts a duty on Superintendent of Jail, therefore, some amount of protests against the Sanhita, 2023 are expected because some Jail Superintendents may not be willing to do enough work.

Sec. 482 (1) deals with situation where a person apprehends arrest. S.483 (1) confers powers on HC and Sessions Court. 

Written by 

Vishal

Delhi

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