Introduction
The concept of transit bail, also known as transit anticipatory bail, plays a crucial role in safeguarding the rights of individuals who fear arrest in a jurisdiction different from where they currently reside. With the recent enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure (CrPC), questions have arisen regarding the continued availability and legal basis of transit bail. This article explores whether courts can still grant transit bail under the BNSS and examines the current legal landscape.
What is Transit Bail?
Transit bail is a temporary relief granted to a person who anticipates arrest in connection with a case registered outside the jurisdiction of their current residence. The primary purpose of transit bail is to provide interim protection from arrest, allowing the individual sufficient time to approach the competent court in the jurisdiction where the offence is alleged to have occurred and seek regular or anticipatory bail.
Is Transit Bail Codified in the BNSS?
The BNSS, which came into force to modernize and replace the CrPC, does not expressly mention or define the concept of transit bail. The absence of a specific provision in the BNSS has led to some uncertainty. However, the practice of granting transit bail has evolved through judicial interpretation and is rooted in the broader constitutional principles of personal liberty and access to justice.
Judicial Precedents Supporting Transit Bail
Despite the lack of explicit statutory recognition, Indian courts have consistently upheld the power to grant transit bail. Courts have relied on their inherent powers, as well as constitutional mandates, to protect individuals from arbitrary arrest and ensure fair access to legal remedies.
A landmark decision in this context is the Supreme Court’s ruling in Priya Indoria v. State of Karnataka [2024 (4) SCC 749]. The Court affirmed that:
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Courts can grant transit anticipatory bail as an interim measure, especially when the FIR is registered outside the applicant's jurisdiction.
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This relief is temporary and intended solely to enable the accused to approach the appropriate court for regular or anticipatory bail.
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Transit bail orders are typically valid for a limited period and subject to strict conditions, such as furnishing a bond and cooperating with the investigation.
Conditions and Limitations
Transit bail is not an alternative to regular or anticipatory bail. It is granted only for a limited duration and under specific circumstances, such as:
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There is a reasonable apprehension of arrest.
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The applicant faces a threat to personal liberty or other compelling circumstances.
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The applicant undertakes to approach the competent court in the jurisdiction of the FIR within the stipulated time.
The courts may impose stringent conditions to ensure that the relief is not misused.
The prevailing judicial view, especially after the recent Supreme Court guidance, is that such relief can be granted at the discretion of the court, depending on the facts and circumstances of each case.
Conclusion
In summary, courts can still grant transit bail after the enactment of the BNSS, even though the concept is not expressly codified in the new law. The power to grant transit bail is firmly established through judicial precedent and constitutional principles. Transit bail remains an important mechanism to protect personal liberty and ensure that accused persons are not unjustly deprived of their freedom while seeking legal remedies in the appropriate jurisdiction.
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