CONCEPT OF BAILABLE AND NON-BAILABLE OFFENCES UNDER BNS & BNSS

Abstract

The concept of bail is a fundamental aspect of criminal jurisprudence, ensuring a balance between individual liberty and societal interests. With the introduction of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), India has restructured its criminal law framework, replacing the Indian Penal Code, 1860 and Code of Criminal Procedure, 1973. This paper critically examines the concept of bailable and nonbailable offences under the new legal regime. It explores statutory provisions, judicial interpretations, and the impact of these classifications on the rights of the accused. The study aims to analyze whether the new laws strengthen procedural fairness and ensure timely justice.