Synopsis of Provisions as to Bail and Bonds under BNSS, 2023 (Sections 485–487)

The provisions under Sections 485 to 487 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) are aimed at governing the
conditions, types, and procedures of bail and bonds. These sections cover bail for bailable offences, bail for non-bailable offences, and
anticipatory bail, providing a comprehensive legal framework for the granting of bail in different circumstances.

1.
Bail in Bailable Offences (Section 485) – This section emphasizes that the accused in bailable offences has the right to be granted bail. The
section also details the conditions under which bail can be granted.

2.
Bail in Non-Bailable Offences (Section 486) – In this case, the granting of bail is discretionary. It highlights the circumstances under which a
person accused of a non-bailable offence may be granted bail.

3.
Anticipatory Bail (Section 487) – This section provides for the possibility of anticipatory bail, allowing a person to seek bail even before they
are arrested in cases where they anticipate being arrested in connection with an offence.

Detailed Explanation:

Section 485: Bail in Bailable Offences

Bare Act Text:
"A person accused of a bailable offence shall be entitled to bail as a matter of right, and the Court shall release the person on bail on his
furnishing bail bonds with such sureties as the Court deems fit."

Explanation:
This provision outlines that an accused person facing a bailable offence has a right to be granted bail. It essentially means that for crimes that
are considered less serious, the law acknowledges that the accused is entitled to bail automatically, barring exceptional circumstances. The
accused does not need to prove any specific reasons for bail to be granted. The bail is granted as a matter of right, and the Court is required to
release the accused person provided they furnish bail bonds and the requisite sureties as deemed appropriate by the Court.

The Court has the discretion to decide on the amount of security (surety) required to ensure the accused's appearance in Court and compliance
with the conditions of bail. The principle behind this provision is that the nature of the offence does not pose a significant threat to society,
hence the accused should be allowed the opportunity to stay out of jail pending trial.

Section 486: Bail in Non-Bailable Offences

Bare Act Text:

"A person accused of a non-bailable offence may be released on bail, but the Court may grant bail only after considering the seriousness of the
offence, the likelihood of the accused fleeing, or the risk of tampering with evidence or influencing witnesses."

Explanation:
This section addresses the situation where an individual is accused of a non-bailable offence. Unlike bailable offences, where bail is a matter of
right, non-bailable offences involve more serious crimes where granting bail is not automatic. Here, the Court has discretion to decide whether
to grant bail or not.
The Court is required to evaluate several factors before granting bail, including:

The seriousness of the offence: The Court will consider the nature and gravity of the offence to determine if releasing the accused on bail
would be appropriate.

Risk of the accused fleeing: If there is a likelihood that the accused may attempt to abscond or evade justice, the Court may deny bail.

Risk of tampering with evidence or influencing witnesses: If there is a danger that the accused may attempt to alter evidence or intimidate
witnesses, the Court may refuse bail to protect the integrity of the investigation.

Thus, while the Court has the power to grant bail, the decision is governed by a more rigorous standard based on the aforementioned factors,
balancing the rights of the accused with the interests of justice and public safety.

Section 487: Anticipatory Bail

Bare Act Text:

"A person who anticipates arrest for a non-bailable offence may apply to the Court for anticipatory bail, and the Court may grant such bail if it is
satisfied that the applicant has reasonable grounds for believing that he may be arrested for the offence."
Explanation:
This provision deals with anticipatory bail, which is a safeguard for individuals who have a reasonable fear of being arrested for a non-bailable
offence. Anticipatory bail allows a person to seek bail before their arrest occurs, providing a way to avoid the distress and uncertainty of a
sudden arrest.

The key aspects of anticipatory bail are:

Anticipation of arrest: The individual applying for anticipatory bail must show that they have a genuine and reasonable apprehension of
arrest in connection with a non-bailable offence. The Court will consider whether there is a legitimate basis for the applicant's fears.

Court’s discretion: The Court has the discretion to grant or refuse anticipatory bail after assessing the circumstances of the case. It will
consider factors such as the seriousness of the offence, the potential for the applicant to evade justice, and whether there are any chances
of interfering with the investigation or witnesses.

The principle behind anticipatory bail is to prevent unnecessary harassment or abuse of the legal process, especially when there is no
immediate need for arrest. It allows the applicant to continue with their life without the looming threat of a sudden arrest, while still being
subject to the Court’s conditions if the bail is granted.

Sections 479 to 496 of the BNSS, 2023: Provisions as to Bail and Bonds
Section 479: Execution of Bond by Person Granted Bail

Bare Act Text:

"A person granted bail must execute a bond with or without sureties to appear before the Court whenever required and abide by the conditions
of the bail as set by the Court."

Explanation:
This provision highlights the obligation of an individual who has been granted bail to sign a bail bond. This bond is an agreement between the
person granted bail and the Court, where the accused agrees to appear before the Court whenever required during the trial. The bond may be
executed with or without sureties, depending on the Court's discretion. If sureties are involved, they will back the bond financially, guaranteeing
the accused’s compliance. The section underlines the fundamental purpose of bail, ensuring the accused’s cooperation and attendance at trial,
while also securing the interest of the state in preventing any likelihood of the accused absconding.

Section 480: Modification of Bail Conditions

Bare Act Text:

"The Court may alter or modify the conditions of bail or the bond executed by the accused, whenever necessary, based on new facts or
developments."

Explanation:
This section allows the Court to modify bail conditions at any stage of the trial if new facts or developments arise. For instance, if the accused
shows signs of attempting to flee, interfere with witnesses, or commit further crimes, the Court may modify the bail conditions to impose
stricter requirements. Similarly, if the accused is showing cooperation with the investigation, the Court might relax certain conditions. This
provision ensures that the judicial process remains flexible and dynamic, able to adapt to changing circumstances while maintaining fairness
for the accused.

Section 481: Forfeiture of Bail Bond

Bare Act Text:

"If the accused fails to comply with the bail conditions or absents himself/herself from the Court without reasonable cause, the Court may
order the forfeiture of the bail bond, and the surety shall be liable to pay the amount specified in the bond."

Explanation:
This section deals with the penalties for non-compliance with the conditions of the bail bond. If the accused fails to attend the proceedings or
violates any other condition, the Court may forfeit the bail bond. This means that the bond (or the amount of money guaranteed) will be seized
by the Court. Furthermore, if there are sureties involved, they become liable for the amount mentioned in the bond. The intention behind this
provision is to deter the accused from absconding or violating bail conditions, thereby ensuring that the accused fulfills their obligations to the
Court.
Section 482: Bail for Convicts Pending Appeal

Bare Act Text:

"A person convicted of an offence may be granted bail during the pendency of an appeal, provided the Court is satisfied that there are
reasonable grounds to believe that the appeal will succeed or that the sentence will be set aside."

Explanation:
Section 482 provides an opportunity for individuals who have been convicted of an offence to seek bail while they appeal the conviction. The
Court must be satisfied that the appeal has a reasonable chance of success or that the conviction may be overturned or modified. This section
aims to ensure that an individual does not face imprisonment during the pendency of their appeal, especially when there is a substantial chance
that the conviction could be reversed. However, it also ensures that the Court considers the gravity of the case before granting such relief.

Section 483: Bail for Non-Cognizable Offences

Bare Act Text:

"In cases of non-cognizable offences, the Court may grant bail to the accused person without requiring the execution of a bail bond or surety."

Explanation:
In non-cognizable offences (those that are considered less serious, like defamation, simple assault, or small theft), the Court has the discretion
to grant bail without the need for the accused to execute a bail bond or provide sureties. This provision recognizes that non-cognizable
offences are typically minor, and thus, the requirement for securing bail with bonds is not always necessary. It allows for a more lenient
approach for accused persons involved in such cases.

Section 484: Procedure When Bail is Denied

Bare Act Text:

"If the Court denies bail to an accused person, it must record its reasons in writing and inform the accused of their right to appeal the decision."

Explanation:
Section 484 emphasizes transparency and accountability when bail is denied. The Court must provide written reasons for refusing bail,
explaining the rationale behind its decision. Additionally, the accused must be informed of their right to appeal the decision. This section
ensures that individuals who are denied bail are not left without recourse. They are entitled to challenge the decision in a higher Court, ensuring
that justice is not denied arbitrarily.
Section 485: Bail for Offences Punishable by Death or Life Imprisonment

Bare Act Text:

"In cases involving an offence punishable by death or life imprisonment, the Court may grant bail only under exceptional circumstances, after
considering the gravity of the offence, the likelihood of the accused tampering with evidence, or the risk to public safety."

Explanation:
For serious offences, such as those punishable by death or life imprisonment, bail is granted only in exceptional circumstances. The Court
must assess factors such as the seriousness of the offence, the risk of the accused tampering with evidence, or the threat posed to public
safety. This provision ensures that individuals accused of such grave crimes cannot easily secure bail, recognizing the need to protect the
integrity of the justice system and public order. It reflects the severity of the crimes involved and the need for extra caution when deciding on
bail for such accused persons.

Section 486: Procedure for Granting Bail in Special Cases

Bare Act Text:

"In special cases, where the nature of the offence or the identity of the accused requires a departure from the standard procedure for bail, the
Court may adopt a specific procedure for granting bail."
Explanation:
This section provides the Court with the discretion to depart from standard bail procedures in special cases. These could involve situations
where the nature of the offence or the identity of the accused requires additional security or special conditions. For example, in high-profile
cases, cases involving terrorism, or other sensitive matters, the Court might impose stricter conditions or alter the usual process to ensure
public safety, or to prevent media interference, or tampering with witnesses. This section offers flexibility to the judiciary in dealing with
complex cases where the normal bail procedure might not be appropriate.

Section 487: Restrictions on Bail in Economic Offences

Bare Act Text:

"In cases involving economic offences, particularly those involving large-scale fraud, financial misappropriation, or corruption, the Court may
impose additional conditions on the grant of bail, including a higher surety amount, or stringent reporting requirements."

Explanation:
Economic offences, particularly those related to financial fraud, misappropriation, and corruption, are often complex and involve substantial
amounts of money. Section 487 acknowledges the need for special care in granting bail for such crimes. The Court may impose additional
conditions, such as higher surety amounts or more frequent reporting requirements, to ensure that the accused does not use their financial
resources to influence the judicial process, escape the country, or tamper with evidence.
Section 488: Bail in Cases of Domestic Violence or Abuse

Bare Act Text:

"In cases involving domestic violence or abuse, the Court shall ensure that bail conditions prioritize the safety of the victim, including
conditions such as non-contact orders or restraining orders against the accused."

Explanation:
This provision ensures that in cases of domestic violence or abuse, the victim's safety is a primary concern. While the accused may still be
granted bail, the Court may impose non-contact orders or restraining orders to ensure that the accused does not approach or harm the victim
during the proceedings. This is a necessary safeguard to protect vulnerable individuals while the legal process is ongoing.

Section 489: Bail for Juveniles

Bare Act Text:

"An accused person who is a juvenile may be granted bail subject to appropriate rehabilitation measures, such as placement in a juvenile facility
or rehabilitation program."
Explanation:
Juveniles who are accused of committing crimes may be granted bail, but the Court must ensure that rehabilitation measures are in place. This
could involve placing the juvenile in a juvenile facility or enrolling them in a rehabilitation program rather than a traditional detention center. The
emphasis is on reformation rather than punishment, recognizing that juveniles are at a critical stage of development and require rehabilitation
rather than penalization.

Section 490: Grant of Bail in Cases of Public Interest Litigation (PIL)

Bare Act Text:

"In cases involving public interest litigation, the Court may grant bail to the accused based on the public interest and the potential harm to
society caused by the accused's actions."

Explanation:
Public interest litigation (PIL) cases often involve larger societal issues, such as environmental violations, human rights abuses, or corruption.
In such cases, the Court may consider public interest while granting bail. If the accused’s actions have caused substantial harm to society or
the environment, the Court may impose strict conditions or deny bail altogether. This provision ensures that the interests of society are given
equal weight when making bail decisions in PIL cases.
Section 491: Bail for Accused Facing Multiple Charges

Bare Act Text:

"If an accused is facing multiple charges, the Court may grant bail separately for each charge, taking into account the nature and severity of
each offence."

Explanation:
When an accused faces multiple charges, the Court has the discretion to grant bail for each offence individually. This allows the Court to
consider the seriousness and gravity of each charge separately and grant bail accordingly. For less serious charges, bail may be granted, while
for more serious offences, stricter conditions or denial of bail may be imposed.

Section 492: Special Bail Considerations for Terrorism-Related Offences

Bare Act Text:

"In cases of terrorism-related offences, the Court may impose stricter bail conditions, including the seizure of passports, travel restrictions, and
constant monitoring of the accused’s movements."
Explanation:
For individuals accused of terrorism-related offences, there are stringent bail conditions, including the seizure of passports, travel restrictions,
and monitoring of movements. This is to prevent the accused from fleeing the country or engaging in activities that could harm national
security. The severity of terrorism offences justifies these additional precautions to ensure the safety of the public and the state.

Section 493: Bail Conditions and International Offences

Bare Act Text:

"In cases involving international crimes, such as those under international law or foreign jurisdiction, the Court may set bail conditions in
consultation with international law authorities."

Explanation:
When an individual is accused of international crimes, such as those governed by international treaties or foreign laws, the Court may
collaborate with international law authorities to establish specific bail conditions. This ensures that the accused does not attempt to flee the
country or hinder the process of international cooperation.

Section 494: Restrictions on Bail for Habitual Offenders

Bare Act Text:

"If the accused is a habitual offender, bail may only be granted under exceptional circumstances, considering the threat to public safety posed
by the accused."

Explanation:
For habitual offenders, individuals who have been repeatedly involved in criminal activities, the Court is more cautious in granting bail. This
section acknowledges the potential risk to public safety and only allows bail under exceptional circumstances, ensuring that the rights of the
community are prioritized.

Section 495: Bail for Economic Offences

Bare Act Text:

"For economic offences, the Court may impose higher sureties and more stringent conditions to prevent the accused from using financial
resources to influence the judicial process."

Explanation:
Economic offences are often complex and involve large-scale fraud or financial misappropriation. This provision ensures that higher sureties or
additional financial guarantees are required to prevent the accused from using their resources to influence the trial or abscond.
Section 496: Conditional Bail for Specific Crimes

Bare Act Text:

"The Court may impose specific conditions of bail for crimes that involve violence, such as prohibiting the accused from engaging in violent
activities or visiting certain places."

Explanation:
This section allows the Court to impose conditional bail based on the nature of the crime. In cases of violent crimes, the Court may impose
restrictions, such as preventing the accused from engaging in further violence or visiting certain areas, to prevent re-offending and protect
public safety.

Conclusion:

Sections 479 to 496 of the BNSS, 2023 offer a robust framework for bail and bonds in criminal law, with specific provisions for different types
of offences and offenders. Each section carefully balances the rights of the accused with the interests of justice and public safety, ensuring
that the criminal justice system operates fairly while also protecting society from potential harm.