Introduction

In the previous articles, we discussed the changes in bail provisions and the regular bail provision under the Bharatiya Nagarik Suraksha Sanhita (BNSS), also known as the New CrPC. In this article, we will delve into the changes in the anticipatory bail provision under the BNSS.

Changes in Anticipatory Bail Provision under the BNSS

Anticipatory bail is a provision that allows a person who apprehends arrest for a crime to apply for bail before the court in anticipation of the arrest. The BNSS has made a significant change in the anticipatory bail provision.

The existing law disallows granting of anticipatory bail to individuals accused of committing a gang rape on a woman under sixteen years of age. However, the new law has enlarged the applicability of the provision by not allowing anticipatory bail to individuals who are accused of committing gang rape on a woman under eighteen years of age.

This change is reflected in Sub-section 4 of Section 482 of BNSS, which states that nothing in this section shall apply to any case involving the arrest of any person on an accusation of having committed an offense under section 65 and Sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.

Impact of the Changes

This change in the anticipatory bail provision has significant implications. It extends the protection of the law to women under eighteen years of age, aligning with the recognition of eighteen as the age of majority in many other legal contexts. It also sends a strong message about the seriousness with which the law views offences of gang rape.

Conclusion

This article provided a detailed analysis of the changes brought in the anticipatory bail provision under the BNSS. The extension of the provision to protect women under eighteen years of age represents a significant shift in the legal process. In the next article, we will discuss the bail provisions under special laws like the NDPS Act. Stay tuned for more insights into this important legal reform.

The post Changes in Anticipatory Bail Provision under the BNSS (New CrPC) appeared first on Bhatt & Joshi Associates.

Introduction

In the previous articles, we discussed the changes in bail provisions, regular bail provisions, anticipatory bail provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), and bail provisions under the NDPS Act. In this article, we will delve into the bail provisions under another special law, the Unlawful Activities (Prevention) Act (UAPA).

Bail Provisions under the UAPA Act

The UAPA enables this under Section 43D by statutorily extending periods of pre-trial detention and police custody, and raising a bar against bail in case there are reasonable grounds to believe that the allegations against the accused are prima facie true. For non-citizens, the UAPA bars the right to bail.

Landmark Judgments

Several landmark judgments have shaped the interpretation and application of the UAPA’s bail provisions:

• Angela Harish Sontakke v State of Maharashtra (2016): The Supreme Court granted Sontakke bail in 2016, stating that the alleged offence must be balanced against how long the accused had suffered in jail, and how likely a swift trial was.
• National Investigation Agency v. Zahoor Ahmad Shah Watali (2019): The Supreme Court provided its first interpretation of Section 43D (5) in the 2019 Watali judgment. The Court held that the ‘degree of satisfaction’ the Bench must have while determining if a prima facie case exists for bail is ‘lighter’ under the UAPA than in other criminal legislations.
• Union of India v K.A. Najeeb (2021): The Supreme Court held that despite restrictions on bail under the UAPA, constitutional courts can still grant bail because the fundamental rights of the accused have been violated.

Impact of the Provisions

The bail provisions under the UAPA have significant implications. They provide a clear framework for the grant of bail in cases involving unlawful activities. These provisions aim to balance the need for effective law enforcement with the rights of the accused.

Conclusion

This article provided a detailed analysis of the bail provisions under the UAPA Act. The stringent parameters for the grant of bail under this Act represent a significant aspect of the legal process in cases involving unlawful activities. This concludes our series on bail provisions under the BNSS and special laws. We hope you found these insights into this important legal topic informative and helpful.

Learn More : 

• 1.scobserver.in
• 2.scconline.com
• 3.civilsdaily.com
• 4.thewire.in
• 5.cjp.org.in

The post Bail Provisions under Special Laws: UAPA Act appeared first on Bhatt & Joshi Associates.

Introduction

In the previous articles, we discussed the changes in bail provisions, regular bail provisions, and anticipatory bail provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), also known as the New CrPC. In this article, we will delve into the bail provisions under special laws, focusing on the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

Bail Provisions under the NDPS Act

The NDPS Act has stringent parameters for the grant of bail. Under Section 37 (1) (b) (ii), the limitations on the grant of bail for offenses punishable under Sections 19, 24, or 27A and also for offenses involving a commercial quantity are: The Prosecutor must be allowed to oppose the bail application, and There must exist ‘reasonable grounds to believe’ that (a) the person is not guilty of such an offense; and (b) he is not likely to commit any offense while on bail.

Landmark Judgments

While there are no specific landmark judgments related to bail provisions under the NDPS Act, the interpretation and application of these provisions have been the subject of numerous court cases. These cases have shaped the understanding and implementation of the NDPS Act’s bail provisions.

Impact of the Provisions

The bail provisions under the NDPS Act have significant implications. They provide a clear framework for the grant of bail in cases involving narcotic drugs and psychotropic substances. These provisions aim to balance the need for effective law enforcement with the rights of the accused.

Conclusion

This article provided a detailed analysis of the bail provisions under the NDPS Act. The stringent parameters for the grant of bail under this Act represent a significant aspect of the legal process in cases involving narcotic drugs and psychotropic substances. In the next article, we will discuss the bail provisions under another special law, the Unlawful Activities (Prevention) Act (UAPA). Stay tuned for more insights into this important legal topic.

The post Bail Provisions under Special Laws: NDPS Act appeared first on Bhatt & Joshi Associates.

Introduction

In the previous article, we introduced the changes in bail provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), also known as the New CrPC. We discussed the newly introduced definitions of “bail”, “bail bond”, and “bond”, and the changes made concerning undertrial prisoners. In this article, we will delve deeper into the changes in the regular bail provision under the BNSS.

Changes in Regular Bail Provision under BNSS

The BNSS has made a significant change in the regular bail provision. In the existing law, the need for police custody beyond the first fifteen days is not a ground to deny bail. However, the new law states that if the court finds that the custody of the accused required for identifying the witnesses during the investigation is more than the first fifteen days, the accused shall be entitled to regular bail.

This change is reflected in Proviso 3 of Section 480 of BNSS, which deals with when bail can be taken in case of a non-bailable offense. It states that the mere fact that an accused person may be required to be identified by witnesses during an investigation or for police custody beyond the first fifteen days shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court.

Impact of the Changes

This change in the regular bail provision has significant implications. It provides a clear timeline for the police custody required for identifying witnesses during the investigation, thereby preventing indefinite detention of the accused. It also ensures that the rights of the accused are protected while maintaining the effectiveness of the legal process.

Conclusion

This article provided a detailed analysis of the changes brought in the regular bail provision under the BNSS. The introduction of a clear timeline for police custody required for identifying witnesses during the investigation represents a significant shift in the legal process. In the next article, we will discuss the changes in the anticipatory bail provision under the BNSS. Stay tuned for more insights into this important legal reform.

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