New Or Old: An In-Depth Analysis Of Bail And Pretrial Detention In Light Of The Bharatiya Nagarik Suraksha Sanhita, 2023

Ridhikamini Basu Mallick, B.A. L.L.B, Department of Law, University of Calcutta.

ABSTRACT

The initial encounter with law enforcement is where the poor often experience the biggest injustice: being deprived of their fundamental rights.

Hon’ble Chief Justice of India DY Chandrachud observed the problem with the culture of subordination between the district judiciary and the High Court and how it affects the grant of effective justice to the litigants. He flagged the rising apprehension that the right to personal liberty is losing ground in trials, with ‘jail, and not bail’, becoming the rule.

There is a strong need for a complete review of the bail procedures of our country keeping in mind the newly enacted Acts, focusing on shaping their implementation in the criminal justice system.Through case studies, legislative analysis, and statistical data, this paper shall investigate the disparities in bail determinations, the increasing rates of bail matters, provisions in the new corresponding Act for CrPC, and the guidelines given over time with support of relevant case laws.

Keywords: Bail, Pretrial, BNSS, Criminal Law, Undertrials