Union Govt Turns Down Supreme Court's Suggestion For Separate Law On Bail; Says BNSS Provisions Are Adequate

The Union Government has told the Supreme Court that there is no proposal to bring a separate law on bail as the provisions of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) are adequate.

The Supreme Court, in the 2022 judgment in Satender Kumar Antil v. Central Bureau of Investigation had recommended to the Union Government to bring a separate Bail Act to streamline the grant of bail. Last year, the Court had asked the Union to inform if a separate bail law was under contemplation.

In the affidavit filed in response to the Court's queries, the Union Government said that the new criminal law, BNSS, which replaced the Code of Criminal Procedure with effect from July 1, 2024, deals with bail and bail bonds in Chapter XXXV.

"As the provisions relating to Bail and Bonds in Chapter-XXXV of the Bharatiya Nagarik Suraksha Sanita (BNSS), 2023 are considered adequate, there is no proposal to bring a separate law on 'Bail'," stated the affidavit filed by the Ministry of Home Affairs.

In the 2022 judgment, the Supreme Court mentioned that the United Kingdom has a Bail Act which was a comprehensive law dealing with bails by following a simple procedure. The UK Bail Act took into consideration the clogging of the prisons with the undertrial prisoners, cases involving the issuance of warrants, granting of bail both before and after conviction, the exercise of the power by the investigating agency and the court, violation of the bail conditions, execution of bond and sureties on the unassailable principle of presumption and right to get bail. The Court opined that there was a "pressing need" for a similar enactment in our country. The Court stressed on this need by pointing out that the Code of Criminal Procedure was  "a continuation of the preindependence one with its modifications"

The Union also informed the Court that it has issued detailed Guidelines and Standard Operating Procedure (SOP) for the implementation of the 'Support to Poor Prisoners' Scheme which were communicated to the States in June 2023. The States and Union Territories were advised to constitute an Empowered Committee in each District of the State/ Union Territory and an Oversight Committee at the State- Headquarter level.