ARTICLE · 08 AUGUST 2024

Beyond The Basics: A Comprehensive Guide To Bail Cancellation - Jurisdiction, Grounds, And Proof

Metalegal Advocates

Explore more from Metalegal Advocates

Bail forms an essential part of the right to liberty under a. 21 of the Constitution of India (‘Constitution'). Although the term ‘bail' was not expressly defined in any statute, it was described as.

IndiaGovernment, Public Sector

Author LinkedIn connections

Introduction

Bail forms an essential part of the right to liberty under a. 21 of the Constitution of India ('Constitution'). Although the term 'bail' was not expressly defined in any statute, it was described as,

"The release of a person from legal custody by undertaking that he/she shall appear at the time and place designated and submit him/herself to the jurisdiction and judgment of the court."¹

S. 2(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') now defines bail as the release of a person accused or suspected of committing an offence from the custody of law upon certain conditions imposed by an officer or court on execution by such person of a bond or a bail bond.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Courier Agent – No Contravention Of Courier Imports And Exports Regulations For Non-Collection Of Second Identity Document And Outsourcing Of Physical Pick-Up

IndiaGovernment, Public Sector

Lakshmikumaran & Sridharan

India’s Wave Of Gen Z Protests And Growing Distrust In Democratic Institutions

IndiaGovernment, Public Sector

Fame, Fortune, And The Fine Print: The Legal Fight For Personality Rights In India

IndiaGovernment, Public Sector

MZM Legal, Advocates & Legal Consultants

Why The Independence Of India’s Election Commission Matters More Than Ever

IndiaGovernment, Public Sector

Foresight Law Offices

The Draft Civil Drone (Promotion And Regulation) Bill, 2025 – What It Means For Operators And Businesses In India

IndiaGovernment, Public Sector

Maheshwari & Co. Advocates & Legal Consultants

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Government, Public Sector

Judicial Review In India: Importance, Landmark Cases And Criticism

The Constitution of India provides for an independent judiciary that acts as a guardian of the Constitution and protects the rights of the citizens.

IndiaGovernment, Public Sector

Century Law Firm

Article 19 Of The Indian Constitution: A Comprehensive Analysis

The Indian Constitution, the world's lengthiest written constitution, is a testament to the country's diverse culture and rich heritage.

IndiaGovernment, Public Sector

Century Law Firm

Fundamental Rights And Duties In Indian Constitution: Explained In Detail

The Constitution of India is the supreme law of the land, which lays down the basic framework and principles for the governance of the country.

IndiaGovernment, Public Sector

Century Law Firm

Special Intensive Revision And Constitutional Electoral Integrity In India

An analysis of the constitutional validity of the Election Commission’s Special Intensive Revision of electoral rolls, examining Article 324, Section 21(3) of the Representation of the People Act, procedural safeguards and the Supreme Court’s decision in Association for Democratic Reforms v. ECI.

IndiaGovernment, Public Sector

Khurana & Khurana, Advocates and IP Attorneys

Punjab And Haryana High Court Strikes Down JAO - FAO Retrospective Amendment As Unconstitutional

The Hon’ble Punjab and Haryana High Court (HC) in Jyoti Sareen vs. UOI & Others (CWP No. 15791-2024 (O&M)) (Order) held the retrospective amendments carried out vide the Finance Act, 2026, with respect to the powers of the Jurisdictional Assessing Officer (JAO) to issue a reopening notice under section 148 (Reopening Notice) of the Income-tax Act, 1961 (IT Act), as unconstitutional, being violative of the ‘doctrine of separation of powers’ and thus violative of Article 14 of the Constitution of India.

IndiaGovernment, Public Sector

Maharashtra Stamp (Fourth Amendment) Bill, 2026: Stamp Duty Payable On Different Classes Of Guarantees

The Maharashtra Stamp (Fourth Amendment) Bill, 2026 (Bill) introduced in the Maharashtra Legislative Assembly on 7 July 2026 proposes a significant reform to the stamp duty treatment of guarantees under the Maharashtra Stamp Act, 1958 (Maharashtra Stamp Act).

IndiaGovernment, Public Sector

Government Of Maharashtra Amends The Maharashtra Stamp Act 1958.

The Government of Maharashtra has recently enacted the Maharashtra Stamp (Amendment) Ordinance 2024, which further amends the Maharashtra Stamp Act of 1958.

IndiaGovernment, Public Sector

Mansukhlal Hiralal & Company

Acquisition By An FOCC Of An Indian Company: Pricing Conditions For Resident And Non-resident Shareholders

A FOCC refers to an Indian entity that has received foreign investment and is ultimately owned or controlled by persons resident outside India. Although incorporated in India under the Companies Act, such entities are treated differently from domestically owned and controlled Indian companies for the purposes of foreign investment regulation and downstream investment structuring. Consequently, an FOCC, despite being an Indian incorporated entity, is subject to regulatory conditions applicable to foreign investment while undertaking investments into other Indian entities.

IndiaGovernment, Public Sector

India Eases Press Note 3 Restrictions On Investments From Land-bordering Countries

On March 10, 2026 the Indian government approved amendments to India’s FDI regime relating to investments from countries sharing a land border with India. These are Afghanistan, Bangladesh, Bhutan, China, Myanmar, Nepal and Pakistan.

IndiaGovernment, Public Sector

Madras High Court Affirms Same-Sex Couples Can Constitute A Family, Even Without Marriage

In the landmark case of MA v Superintendent of Police1, the Madras High Court reaffirmed that familial relationships transcend traditional norms...

IndiaGovernment, Public Sector