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PEER-REVIEWED • OPEN ACCESS • ESTABLISHED 2014

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The Indian Journal of Contemporary Legal and Social Issues publishes rigorous, accessible scholarship at the intersection of law, society, technology, and governance.

Criminal Law
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Issue of Process and Exemption from Personal Appe...
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Public Health
Effect of Zumba on Body Mass Index of Obese Schoo...
Arti Toppo
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Criminal Law
Bail Bond, Sureties, Forfeiture, and Cancellation...
Vijay G
Criminal Law8 min
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Criminal Law

Bail Bond, Sureties, Forfeiture, and Cancellation of Bail under the Bharatiya Nagarik Suraksha Sanhita, 2023

Bail is an important safeguard of personal liberty and a practical means of ensuring that an accused person remains available for investigation, inquiry and trial. The law of bail does not end with the decision to release an accused; it also regulates the bond executed for appearance, the role and responsibility of sureties, the consequences of breach, and the circumstances in which bail or a bond may be cancelled. Chapter XXXV of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), particularly sections 478 and 480–496, provides the statutory framework for bail and bonds in India. This paper examines bail bonds, the legal position of sureties, the procedure for forfeiture, and the distinction between cancellation of bail and cancellation of a bond. It analyses safeguards under the BNSS, including the rule that bond amounts must not be excessive, the need to record grounds before recovering a penalty, and the opportunity to show cause. It also considers leading Supreme Court decisions on personal liberty and cancellation of bail. The paper argues that bail conditions should secure attendance and protect proceedings without becoming instruments of unnecessary detention. Fair administration requires reasoned orders, proportionate financial conditions, meaningful scrutiny of sureties, and a careful distinction between breach of bond and conduct that justifies taking an accused back into custody.

Vijay G
8 min 3

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