Anticipatory Bail under CRPC | BNSS | Bhartiya Nagrik Suraksha Sanhita 2023 | 482

The Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), which is set to replace the Criminal Procedure Code (CrPC) of 1973, introduces several reforms, including provisions related to anticipatory bail in India. Here’s a breakdown of the key points about anticipatory bail under BNSS 2023:

Anticipatory Bail – Section 482 (Equivalent to Section 438 of CrPC)

Anticipatory bail allows a person to seek bail in anticipation of being arrested for a non-bailable offense. Under BNSS 2023, the procedure for anticipatory bail continues, but with some significant adjustments. The key provisions are:

1. Conditions for Anticipatory Bail:
- Similar to the CrPC, anticipatory bail may be granted by a Sessions Court or High Court when a person has reason to believe that they may be arrested for a non-bailable offense.
- The applicant must satisfy the court that their arrest is not necessary for custodial interrogation or to prevent the accused from tampering with evidence or influencing witnesses.

2. Provisions for Filing Anticipatory Bail:
- The provision allows any person to apply for anticipatory bail at any point after they anticipate being accused of a non-bailable offense.
- The application can be made before an FIR is lodged or before a person is taken into custody.

3. Court's Discretion to Impose Conditions:
- The court has the authority to impose conditions while granting anticipatory bail, such as:
- The person should be available for interrogation by the police when required.
- The person shall not make any attempt to influence the investigation, tamper with evidence, or contact witnesses.
- The court can also limit the time period for which anticipatory bail will be valid.

4. Special Cases of Denial:
- Anticipatory bail may not be granted in cases of offenses against women and children, offenses involving national security, or terrorism-related offenses.

5. Appeal Process:
- Just as in CrPC, if anticipatory bail is denied, the applicant may appeal the decision in a higher court, such as the High Court or the Supreme Court.

Key Differences from the CrPC (1973):
- Time-bound disposal: The BNSS mandates time-bound disposal of anticipatory bail applications, ensuring more swift justice.
- Stricter guidelines: The new code emphasizes stricter guidelines on who can be granted anticipatory bail, especially in cases involving vulnerable groups or national security.

Overall, while the BNSS 2023 retains many features of the CrPC, it introduces a more structured, time-bound, and stringent approach to anticipatory bail, aimed at addressing concerns of justice, fairness, and public safety.