The BNSS Act 2023 categorizes offences into two main types: bailable and non-bailable. This classification determines whether a person accused of a crime can be released on bail or needs to remain in custody until the case is resolved. Bail is essentially a legal agreement where the accused promises to appear in court for the trial in exchange for temporary release from jail.
Bailable offences are those where the police cannot keep an accused person in custody without their consent. If a person is arrested for a bailable offence, they have the right to bail. The court can grant bail on reasonable conditions. The conditions might include a surety, which is a person who guarantees that the accused will appear in court.
Non-bailable offences are considered more serious, and the police can arrest a person without a warrant for these crimes. In such cases, bail is not a matter of right. The accused must convince the court that they are not a flight risk and that they will not tamper with evidence. The burden of proof to get bail lies with the accused in these cases.
Whether an offence is bailable or non-bailable is determined by the severity of the crime. However, even in cases of non-bailable offences, the court has the discretion to grant bail under certain circumstances. These circumstances might include the accused's age, health, character, and the likelihood of them tampering with evidence.
The BNSS Act 2023 has made some changes to the bail provisions compared to the previous law. For instance, it has introduced stricter conditions for granting bail in certain cases, especially for offences related to terrorism and organized crime. The Act also emphasizes the rights of the victim and aims to protect them from intimidation by the accused.