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Objectives and Scope of Bail Under BNSS, 2023 an in-Depth Analysis

Author

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  • Adv. Sanjay Sarraf

    (Ph.D Research Scholar, Gold Medalist Criminologist, Forensic Scientist, Crime Investigator)

  • Dr. S.P. Mishra

    (HoD, Dept. of Law, Chhatrapati Shivaji Maharaj University)

Abstract

Bail represents a vital intersection between individual liberty and societal interest in the Indian criminal justice system. With the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the Code of Criminal Procedure, 1973, the bail jurisprudence has been revisited with clarity and purpose. This paper offers a doctrinal and analytical study of regular bail, anticipatory bail, default (mandatory) bail, interim bail, and post-conviction bail. It draws upon statutory interpretation, constitutional principles, and judicial pronouncements, highlighting the evolution of bail law in India and its present application under BNSS. Special emphasis is given to recent reforms, procedural safeguards, and balance of interests.

Suggested Citation

  • Adv. Sanjay Sarraf & Dr. S.P. Mishra, 2025. "Objectives and Scope of Bail Under BNSS, 2023 an in-Depth Analysis," International Journal of Research and Innovation in Applied Science, International Journal of Research and Innovation in Applied Science (IJRIAS), vol. 10(6), pages 640-645, June.
    • Handle: RePEc:bjf:journl:v:10:y:2025:i:6:p:640-645
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