Re-Examining India’s Bail Jurisprudence After BNSS 2023: Constitutional And Practical Challenges
- IJLLR Journal
- May 20
- 1 min read
Daaman, LLM, Rayat Bahra University, Mohali
ABSTRACT
The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) marks a significant transformation in India’s criminal justice system. By replacing the Code of Criminal Procedure, 1973, the legislation seeks to modernize criminal procedure and introduce reforms aimed at efficiency, technological integration, and speedy justice. Among its various reforms, the provisions relating to bail occupy a special constitutional position because they directly concern the liberty of accused persons and the protection guaranteed under Article 21 of the Constitution of India. Bail is one of the most essential mechanisms within criminal jurisprudence because it strikes a balance between the individual’s right to freedom and the state’s obligation to ensure justice. It is also deeply connected with the principle of presumption of innocence, which forms the foundation of criminal law.
This research paper critically examines India’s bail jurisprudence after the enactment of BNSS 2023 and evaluates whether the new framework adequately safeguards constitutional protections. It studies the relationship between bail and personal liberty, compares the provisions of BNSS with the earlier CrPC framework, and analyses the practical challenges that may arise during implementation. The paper further examines issues relating to judicial discretion, prolonged detention, socio-economic inequalities, and institutional inefficiencies. It concludes that while BNSS introduces progressive procedural reforms, the true effectiveness of these reforms depends upon judicial consistency, proper implementation, and continued constitutional vigilance.
