Published Paper Details:

This research delves into the contrasting landscape of bail provisions enshrined in the Code of Criminal Procedure (CrPC) and the newly introduced Bharatiya Nagarik Suraksha Sanhita (BNSS). Through a meticulous examination, the analysis dissects the criteria employed by each law in determining the grant of bail. This includes a critical evaluation of factors considered by courts, such as the nature of the offense, flight risk, and potential to tamper with evidence. Furthermore, the research meticulously compares the conditions imposed on bail by both the CrPC and the BNSS. This analysis sheds light on any potential differences in stringency or focus, such as limitations on travel or contact with witnesses. Finally, the research will identify unique features specific to each law. This may encompass provisions related to anticipatory bail, mandatory bail after a certain period of detention, or specific considerations for vulnerable categories like women or children. By providing a comprehensive comparison of these crucial elements, the research aims to illuminate the evolving framework of bail in India's criminal justice system. This analysis will be valuable to legal professionals, policymakers, and anyone seeking a deeper understanding of the right to liberty and its safeguards in the context of pre-trial detention.