Ashwani Kumar, LL.M Department of Law, Dr. Harisingh Gour Central University Sagar
ABSTRACT
This research critically examines the evolving framework of arrest and bail within India, specifically under the recently enacted Bhartiya Nagarik Suraksha Sanhita (BNSS) 2023. Focusing on the constitutional mandate to uphold personal liberty, the study navigates through historical, legal, and procedural perspectives that shape current norms in criminal jurisprudence. It underscores the shift from the traditional Code of Criminal Procedure, 1973, toward a modernized legal structure, intended to balance public order with individual freedoms. By analysing judicial interpretations and comparative international standards, this paper explores the efficacy of the BNSS’s safeguards against arbitrary detention and its streamlined bail processes. Key highlights include reinforced judicial oversight, protections against misuse of arrest powers, and an emphasis on the principle of 'bail not jail,' aligning with recent Supreme Court rulings. The study thus seeks to provide a comprehensive understanding of the BNSS’s impact on individual rights, with a forward-looking perspective on its implementation challenges in India's criminal justice landscape.
Keywords: Arrest and Bail Framework, Bhartiya Nagarik Suraksha Sanhita (BNSS) 2023, constitutional Norms, Judicial Oversight, Arbitrary Detention, 'Bail not Jail' Principle.
