New Bail Related Law: A Much-Awaited Reform

The Supreme Court of India occasionally raises concerns about the need for reforms in the Indian legal system to fulfil constitutional goals. Recently, the Supreme Court in one of its rulings focused on bail-related provisions. Indian criminal law related to bail is enumerated under the Bhartiya Nagarik Suraksha Sanhita, 2023 (corresponds to Criminal Procedure Code 1973). These provisions are enumerated as express provisions for regulating arrest and bail procedure, but still Indian citizens are facing problems like unnecessary arrest by police and other investigating agencies, overcrowding of prisons by under-trial and pre-trial inmates, delay and refusal of bail applications, etc. This article seeks to sketch out those problems which are related to bail proceedings, their implementation, and to find out possible ramifications.