Bail Jurisprudence Under Article 21: A Comparative Analysis Of The Criminal Procedural Code, 1973 And The Bhartiya Nagarik Suraksha Sanhita, 2023
- IJLLR Journal
- 3 days ago
- 1 min read
Shahana Ibrahim, Guru Nithya Chaithanya Yathi College of Law and Research Centre (G- CLAR), Kayamkulam, Alappuzha
ABSTRACT
Bail is a fundamental aspect of criminal justice that is primarily aimed at securing the temporary release of an accused person from legal custody while awaiting trial often by conditioning money or by executing bonds. It shall be granted based on the nature and gravity of the offence committed. Bail has originated from the French word ‘bailer’ which means ‘to give’ or ‘to deliver’. The concept of bail traces back to 399 B.C, when Plato tried to create a bond for Socrates’s release.
This article aims to understand the modification brought in with the introduction of Bhartiya Nagarik Suraksha Sanhita, 2023 and the judicial approach to it. It highlights the changes brought in the criminal procedural code particularly the changes in bail provision of the undertrial, bail after conviction and the anticipatory bail and the changes in the definition of bail, bail bond and bond. Further this article explores the relationship between Article 21 and the bail provisions and how the constitutional provision is interlinked with the bail provision to preserve human dignity and liberty. The transition from criminal procedural code to Bhartiya Nagarik Suraksha Sanhita modernizes the legal system and helps in simplifying the legal procedures in India.
Keywords: Bail, Anticipatory Bail, Post-Conviction, Undertrial Prisoners, Article 21, Trial, Victim, Accused.
