Govt rules out separate bail law suggested by SC

The Union government has declined to act on the Supreme Court's suggestion to enact a separate law on bail, asserting that the recent overhaul of criminal laws sufficiently addresses concerns regarding pretrial detention and related issues.

- Utkarsh Anand

NEW DELHI:

In an affidavit, submitted in compliance with earlier directions from the Supreme Court, the Centre highlighted the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which came into effect in July 2024. Chapter XXXV (or 35) of the BNSS, it argued, comprehensively lays down the framework for bail, bail bonds, and related processes, making a standalone law unnecessary. "As the provisions relating to bail and bonds in Chapter XXXV of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 are considered adequate, there is no proposal to bring a separate law on 'Bail'," the affidavit stated.

The chapter provides definitions of terms such as "bail", "bail bond" and "bond", and elaborates on the procedures for granting bail, including statutory safeguards for vulnerable groups such as women, minors and the infirm.

The Union government's stand is significant, as it underscores a broader shift toward codifying reforms within the framework of existing criminal laws, rather than creating standalone legislation. While the Supreme Court has since February 2022 stressed the need for a dedicated bail law to ensure uniformity and accountability in judicial decisions, the government believes the provisions under the BNSS sufficiently fulfil this objective.