Bail matters / Criminal Cases / Best Lawyers in Delhi NCR for Bailable & Non-bailable matters:
“Expert Legal Advice” have gone through an amazing experience in recent past for handing the Bail matters and got released the accused on bail in the alleged criminal cases. Expert Legal Advice is equipped with the team of Best Lawyers in Delhi NCR for handing bail matters.
Right to liberty is one of the fundamental right guaranteed under the Constitution of India to every citizen of India. Bail matters are very serious matters that has to be handled with caution and efficiency. The Bharatiya Nagarik Suraksha Sanhita (BNSS) speaks for the grant of bail because BAIL and not JAIL is what the aim of the Law is.
The Key bail provisions under BNSS are as under:
- Section 478 (Similar to CrPC 436): This section mandates to release the accused on bail for bailable offenses if the accused is prepared to furnish bail bonds. However, the courts may release indigent persons on bond for his appearance without sureties.
- Section 479: Under this section, a person may release on bond by the Court if he has undergone detention for a period of upto one-half of the maximum period of imprisonment specified for that offence (other than offence for death of life imprisonment). However, if he is the first-time offender, he may be released on bond by the court if he has undergone detention for a period of upto one-third of the maximum period of imprisonment specified for that offence.
- Section 480: Under this section, any person accused of or suspected in non-bailable offence is arrested or detained without warrant, brought before a court, may release on bail (other than offence for death of life imprisonment).
- Section 481: Under this section, an accused may be released on bail or bail bond before conclusion of trial or before the disposal of appeal and such bond shall be in force for six months.
- Section 482: Anticipatory Bail: The High Court and Session Court has power to issue direction that a person having apprehension for arrest in non-bailable offence, he shall be released on bail in the event of such arrest.
Most important Features:
Victim Rights: Victim presence becomes mandatory for hearing bail applications in serious cases (Sec 481, Sec 65/70 BNS).
Multiple Cases: A new bar on granting bail if multiple cases/investigations are pending against the accused (Sec 479(2)).
Uniformity & Liberty: BNSS aims to harmonize anticipatory bail rights nationally, balancing personal liberty with societal interests.
Judicial Discretion: Increased discretion for courts in non-bailable / serious offenses, potentially leading to varied decisions.
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