BAIL VERSUS BONDS

Bail and Bonds

Bhartiya Nagrik Suraksha Sanhita,2023 (BNSS)

Bail and Bonds are legal terms that relate to the release of an accused person from custody. Bail is the security given by the accused or someone on his behalf to the court or the police, to ensure his appearance before the court during the trial. Bonds are the written undertakings signed by the accused and his sureties, to pay a fixed amount of money if the accused fails to appear in court.

The Bhartiya Nagrik Suraksha Sanhita,2023 (BNSS) is the main law that governs the procedure of criminal cases in India. It contains various provisions regarding bail and bonds, which are mentioned under Chapter XXXV (Sections 478 to 496) of the BNSS. The BNSS also classifies offences into two categories: bailable and non-bailable. Bailable offences are those for which bail can be claimed as a matter of right, while non-bailable offences are those for which bail is granted at the discretion of the court.

Some of the main points of comparison between Bail and Bonds with special reference to the BNSS are:

- Bail can be granted by the police or the court, while Bonds can only be executed before the court.

- Bail can be granted either with or without sureties, while Bonds always require sureties.

- Bail can be granted either before or after arrest, while Bonds can only be executed after arrest.

- Bail can be cancelled by the court for various reasons, such as misuse of liberty, tampering with evidence, or non-appearance of the accused, while Bonds can only be forfeited if the accused fails to appear in court.

- Bail can be granted for any amount of money, while Bonds have a fixed amount of money specified by the court.

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