Myth-Busting CrPC / BNSS: Separating Fact from Fiction in Indian Criminal Law

Understanding the intricacies of the Criminal Procedure Code (CrPC) and the Bail Necessity and Security (BNSS) provisions can be overwhelming, even for seasoned law students and junior advocates. But what if we could debunk some common myths surrounding these laws and make them more accessible? Let's get started. **Interviewer:** Rakhi, thanks for joining me today to talk about CrPC and BNSS. What's the first myth you'd like to bust? **Rakhi:** One common myth is that bail is always available, even in serious cases. The reality is that bail is a fundamental right, but it's not automatic. Under Section 437(1) of the CrPC, bail can be granted in non-bailable offenses if the magistrate is satisfied that there are reasonable grounds to believe that the accused is not guilty of such offense, and that he is not likely to commit any offense while on bail. **Interviewer:** That's interesting. What about the myth that bail can be denied if the accused has a previous conviction? **Rakhi:** Actually, the myth is reversed. Under Section 439(2) of the CrPC, if the accused has a previous conviction, the court may refuse bail, but it's not a ground for denying bail outright. The court must consider the circumstances of the case and the likelihood of the accused committing another offense while on bail. **Interviewer:** Let's talk about BNSS. What's the myth surrounding this provision? **Rakhi:** Many people think that BNSS is only applicable in cases where the accused has a previous conviction. However, that's not entirely true. The Supreme Court has held in the 2014 landmark case of Sushil Kumar Sharma v. State (NCT of Delhi) that BNSS can be applied even in cases where there is no previous conviction, if the court is satisfied that the accused is likely to commit another offense while on bail. **Interviewer:** That's a game-changer. What are some key points to remember about CrPC and BNSS?

Key Points:

• Bail is a fundamental right, but it's not automatic.
• Section 437(1) of the CrPC allows bail in non-bailable offenses if the magistrate is satisfied that the accused is not guilty.
• Section 439(2) of the CrPC allows denying bail if the accused has a previous conviction, but it's not a ground for denying bail outright.
• BNSS can be applied even in cases where there is no previous conviction, if the court is satisfied that the accused is likely to commit another offense while on bail.
• The Supreme Court has held in Sushil Kumar Sharma v. State (NCT of Delhi) that BNSS can be applied even in the absence of a previous conviction.

**Interviewer:** Rakhi, thanks for sharing your insights. Let's think about a real-world scenario. A 25-year-old accused is arrested for a non-bailable offense and has a previous conviction. What should the court consider while deciding on bail?