The Jharkhand High Court has provided a detailed explanation regarding the scope and applicability of Section 482 and Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, particularly in the context of anticipatory and regular bail applications. The Court's observations aim to delineate the circumstances under which these sections can be invoked and the limitations associated with each.
Justice Sanjay Kumar Dwivedi, in his judgment, emphasized that Section 482 of the BNSS, which pertains to anticipatory bail, has a limited scope. He noted that this provision does not contemplate the revival of "reasons to believe" or apprehension of arrest once an earlier application for anticipatory bail has been rejected. The language of Section 482, according to the judge, does not suggest that an accused can reapply for anticipatory bail on the same grounds after a previous rejection. This interpretation underscores the restrictive nature of Section 482 in allowing successive anticipatory bail applications based on unchanged circumstances.
In contrast, Justice Dwivedi highlighted the broader scope of Section 483, which deals with regular bail. He pointed out that Section 483 permits an accused person to seek bail on new grounds, even after a previous application has been rejected. The wording of Section 483, which allows for the release of any person accused of an offence and in custody, indicates that the provision is not confined by the limitations applicable to anticipatory bail under Section 482. This distinction between the two sections clarifies that while anticipatory bail applications are subject to stricter scrutiny and limitations, regular bail applications have a more expansive scope, accommodating new grounds for consideration.
The Court's interpretation serves to guide both legal practitioners and the judiciary in understanding the distinct applications of Sections 482 and 483 within the BNSS framework. By delineating the boundaries of each provision, the judgment aims to ensure that bail applications are processed in accordance with the specific criteria and limitations set forth by the legislature. This clarification is expected to have significant implications for the handling of anticipatory and regular bail petitions, promoting consistency and adherence to the legal standards established under the BNSS.
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