When we hear about someone getting arrested, one of the first questions that often comes to our minds is, "Will they get bail ?" This question becomes even more important when we consider the recent changes in the new procedural code i.e., the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), replacing the Criminal Procedure Code 1973 (Cr.P.C.). The ‘ Bail ’ provision, especially anticipatory bail , is based on the legal principle of “presumption of innocence” i.e. every person accused of any crime is considered innocent until proven guilty. This is a fundamental principle mentioned in the Universal Declaration of Human Rights under Article 11. Meaning of bail ‘ Bail ’ connotes the process of procuring the release of an accused charged with certain offences by ensuring his future attendance in the court for trial and ... Bail is an instrument for procuring the release of a person from legal custody. The Code of Criminal Procedure, 1973 governs the bail laws Bail ensures that individuals are not unjustly detained before being proven guilty and allows them to prepare their defence adequately. In India, bail is governed by the Criminal Procedure Code (CrPC), which distinguishes between regular bail and anticipatory bail .
