According to Section 2(1)(b) of the BNSS, 'bail' refers to the release of an individual accused or suspected of committing an offense from legal custody. This release is conditional upon the individual fulfilling certain requirements set by an officer or court. These conditions involve the execution of a bond or a bail bond. According to Section 2(1)(d) of the BNSS, a 'bail bond' is an undertaking for release that involves a surety, meaning another person guarantees the individual's appearance in court. In contrast, a 'bond' refers to a personal bond or an undertaking for release where no surety is required, as per Section 2(1)(e) of the BNSS.

In order to safeguard the fundamental rights of the incarcerated prisoners and reduce the overcrowding in jails, Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) has been introduced with some amendments in Section 436A of the Criminal Procedure Code, 1973 (CrPC).

Section 479 (1) BNSS:
If a person detained during an investigation, inquiry, or trial for an offense under any law (except for offenses punishable by death or life imprisonment) has already served half of the maximum possible prison sentence specified for that offense, they shall be released on bail by the court. If the individual is a first-time offender with no prior criminal convictions, the Court shall grant bail upon detention for a period not exceeding one-third of the maximum imprisonment prescribed for the offense under the applicable law.

Section 479 (2) BNSS:
Despite the provisions of Section 479(1) BNSS and subject to its third proviso, if an investigation, inquiry, or trial for multiple offenses or cases is pending against an individual, they shall not be granted bail by the court.

Section 479 (3) BNSS:
The Superintendent of the jail where the accused is detained is required to submit a written application to the Court. This application must be filed after the accused has served either one-half or one-third of the period specified in sub-section (1), depending on the circumstances. The purpose of this application is to initiate the process outlined in sub-section (1) for the potential release of the accused on bail.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565