In a significant policy decision, the Union government has decided not to pursue the Supreme Court’s suggestion for a separate bail law, citing the recently overhauled criminal legislation as adequately comprehensive. The Supreme Court had earlier proposed that a distinct statute could streamline and specifically address the nuances of bail procedures, which have been a longstanding area of legal contention, particularly concerning pre-trial detentions.
However, the government, in its affidavit submitted to the apex court, pointed to the provisions of the newly implemented Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This comprehensive legislation, which took effect in July 2024, already includes a detailed chapter on bail conditions — Chapter XXXV. This chapter, according to the government, methodically covers all aspects of bail, bail bonds, and the conditions under which they may be granted or denied.
Key features of Chapter XXXV include explicit definitions of crucial terms like “bail,” “bail bond,” and “surety,” among others. It also lays out a procedural framework for the issuance and revocation of bail, emphasizing transparency and fairness in the legal processes. Notably, the chapter includes specific provisions aimed at protecting vulnerable groups such as women, minors, and the physically infirm, ensuring that the bail process considers their particular circumstances.
The government’s response underscores its stance that the BNSS is a modern and comprehensive codification of criminal laws, designed to align with contemporary legal and societal needs. By integrating bail-related laws within this broader legislative framework, the government argues that it avoids the pitfalls of fragmented legal provisions and promotes a more unified legal process.
