Introduction

In the previous articles, we discussed the changes in bail provisions and the regular bail provision under the Bharatiya Nagarik Suraksha Sanhita (BNSS), also known as the New CrPC. In this article, we will delve into the changes in the anticipatory bail provision under the BNSS.

Changes in Anticipatory Bail Provision under the BNSS

Anticipatory bail is a provision that allows a person who apprehends arrest for a crime to apply for bail before the court in anticipation of the arrest. The BNSS has made a significant change in the anticipatory bail provision.

The existing law disallows granting of anticipatory bail to individuals accused of committing a gang rape on a woman under sixteen years of age. However, the new law has enlarged the applicability of the provision by not allowing anticipatory bail to individuals who are accused of committing gang rape on a woman under eighteen years of age.

This change is reflected in Sub-section 4 of Section 482 of BNSS, which states that nothing in this section shall apply to any case involving the arrest of any person on an accusation of having committed an offense under section 65 and Sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.

Impact of the Changes

This change in the anticipatory bail provision has significant implications. It extends the protection of the law to women under eighteen years of age, aligning with the recognition of eighteen as the age of majority in many other legal contexts. It also sends a strong message about the seriousness with which the law views offences of gang rape.

Conclusion

This article provided a detailed analysis of the changes brought in the anticipatory bail provision under the BNSS. The extension of the provision to protect women under eighteen years of age represents a significant shift in the legal process. In the next article, we will discuss the bail provisions under special laws like the NDPS Act. Stay tuned for more insights into this important legal reform.