Bail And Its Organic Dimensions In BNSS: A Comparative Study
- IJLLR Journal
- May 7
- 1 min read
Muskan Bansal, LLM, CT University (CTU), Ludhiana
Dr. Chenna Abrol, CT University (CTU), Ludhiana
ABSTRACT
For decades, Indian bail jurisprudence has operated on a paradox: while the Supreme Court champions "bail, not jail" as a mandate of Article 21, the reality for thousands of undertrials is a system defined by colonial-era inertia and economic barriers. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, enters this landscape promising a departure from the past, notably by providing the first explicit legislative definition of "bail" and attempting to digitize and accelerate the process.
This paper critically evaluates whether the BNSS represents a genuine evolution of personal liberty or merely a procedural facelift. While the introduction of mandatory timelines and concessions for first-time offenders are progressive steps, this study argues that these reforms address the symptoms of a broken system rather than its underlying logic. By comparing the BNSS framework with the risk-assessment models used in the UK, Canada, and Germany, I highlight a persistent Indian "Achilles’ heel": a heavy reliance on financial sureties and broad judicial discretion that disproportionately penalizes the indigent. Ultimately, this paper contends that while the BNSS streamlines the mechanics of release, it stops short of transforming bail into the ironclad, rights-based safeguard required to resolve India’s undertrial crisis.
Keywords: Bail, BNSS 2023, Article 21, Undertrial Prisoners, Comparative Criminal Law, Personal Liberty.
