As per the Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaced the CrPC 1973), bail is a
Question and options
As per the Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaced the CrPC 1973), bail is a
- matter of right for the arrested
- matter of right, if the offence is bailable
- matter of Magistrate’s discretion, if the offence is bailable
- human right
Answer and explanation
Correct answer: B - matter of right, if the offence is bailable
Under section 478 of the BNSS (formerly section 436 CrPC), a person accused of a bailable offence 'shall be released on bail', so bail is a matter of right in bailable offences. In non-bailable offences, release under section 480 BNSS (formerly section 437 CrPC) is at the court's discretion, so bail is not a right for every arrested person, nor a matter of the Magistrate's discretion when the offence is bailable.
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