Change in Bail Provisions in New #Law | 436 #crpc is now 478 #BNSS | How to get bail? #bail #newlaw

00:00 Concept of law cannot be known without going its questions | how to know new law? How to read new law? Questions related to law |
01:16 introduction of Creator and his qualification | Suggestions for channel subscription | Previous video reference | related to definitions of bail, bail bond & bond which are required to be understood before watching this video |
02:12 Brief of Chapter 35 BNSS containing sections 478 to 496 and its corresponding sections in CrPC chapter 33 containing section 436 to 450 | Chapter Name: Provisions as to Bail and Bonds |
02:43 How legislature makes law? How does legislature make law? Positive legislation | Negative Legislation and Hidden legislation | Ways to interpretation of law | What legislature intention? How to understand law?
04:28 Misconception about Section 478 BNSS corresponding section 436 CrPC | Misconception is section 436 CrPC corresponding to BNSS 478 deals with bail in bailable offences | In What Cases Bail to be Taken?
04:57 436 CrPC or 478 BNSS deals with bailable offences, it is not complete truth | It deals with bails in other matters too |
05:29 Section 478 BNSS or 436 CrPC is an example of negative legislation and giving negative provision, it stops to give bail to persons who have been arrested for non-bailable offences| any person other than a person accused of non-bailable offences shall be released on bail by officer in charge of police station SHO or court |
06:10 what to check to make section 478 BNSS or 436 CrPC applicable for getting bail from police or court? Only one thing to check whether arrest of a person is for non-bailable offence or not | If arrest is for non-bailable offence then section 478 BNSS or 436 CrPC will not be application | or if arrest is in offences other than non-bailable offence including preventive arrest, or detention without arrest or any type of arrest not include arrest in non-bailable offences alone | Then SHO or Court shall be bound to release such person on bail if he is prepared to give bail | Accused will seek bail as a right of accused |
08:09 Relaxation to indigent person, who has no surety to give bail bond | if the person is indigent person, he shall be released on bail without taking surety from him, rather he shall be released on bond or personal bond by court and may be released by police | misuse of bail provisions by police | proviso of sub section one of section 478 BNSS | bond means undertaking for release without surety | He is used to accused, it is used for court, may is used to police officer i.e officer incharge of police station, 'shall' is used to release indigent person on bond instead of bail bond |
11:44 who is indigent person? What is indigent person? poor person who does not have surety to give for release on bail bond | Explanation of sub section 1 of section 478 BNSS or section 436 CrPC | If an arrested person fails to give surety within one week, it would be one ground to presume such person in custody to be indigent person. He should be released on bond without surety |
13:07 Sub Section two of section 478 BNSS or 436 CrPC | person re-arrested in non-compliance of conditions for attendance at any time and place, bail may be refused to be given him as and when he next time appears before the court or he is brought before the Court |
15:28 forfeiture of penalty on non-compliance of condition imposed in bail bond or bond.
17:50 Conclusion of the viral video |
Chapter 35 of BNSS | Bail Provisions in New Criminal Law | Section 478 BNSS | Section 436 CrPC | Section 478 BNS is corresponding to section 436 CrPC | Chapter 35 BNSS is corresponding to chapter 33 of CrPC | Newly added provisions in bail in new criminal law | newly added provision in new law | how to get bail? SHO and courts are bound to give bail in all cases other than non bail bailable cases | Bail is duty to SHO to be given | Court duty to give bail | when court to give bail? When to officer in charge of police station to give bail as duty? bail in all cases except | section 2 (b) bnss | definition of bail | section 2(d) bnss | section 2(e) bnss |

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