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VOL. 12, ISSUE 1 (2026)
Bail under the Bharatiya Nagrik Suraksha Sanhita, 2023: A critical analysis
Authors
Ragini Soni
Abstract
The Bharatiya Nagrik Suraksha Sanhita, 2023
(BNSS) represents a transformative step in India’s criminal procedural law,
replacing the colonial-era Code of Criminal Procedure, 1973. Among its most
constitutionally significant aspects are provisions governing bail, which
directly engage with the guarantee of personal liberty under Article 21 of the
Constitution. This paper critically examines bail under the BNSS, focusing on
statutory design, constitutional compatibility, and judicial interpretation. It
evaluates whether the BNSS upholds the principle that “bail is the rule and
jail is the exception” or introduces structural mechanisms that may legitimize
prolonged pre-trial detention. Using doctrinal research methodology, the study
incorporates statutory texts, Supreme Court judgments, constitutional
principles, empirical under trial statistics, and scholarly literature to
assess both the progressive and problematic dimensions of the new bail regime.
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Pages:228-229
How to cite this article:
Ragini Soni "Bail under the Bharatiya Nagrik Suraksha Sanhita, 2023: A critical analysis ". International Journal of Law, Vol 12, Issue 1, 2026, Pages 228-229
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