Section 480 BNSS: When bail may be taken in case of non-bailable offence (Formerly Section 437 CrPC)

Section 480 of Bharatiya Nagarik Suraksha Sanhita, 2023: When bail may be taken in case of non-bailable offence

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but—

(i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;

(ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but less than seven years:

Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is a child or is a woman or is sick or infirm:

Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason: Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation or for police custody beyond the first fifteen days shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court: Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor.

(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provisions of section 494 and pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond for his appearance as hereinafter provided.

(3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter VII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1), the Court shall impose the conditions,—

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; and

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary.

(4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in writing his or its reasons or special reasons for so doing.

(5) Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.

(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.

(7) If, at any time, after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond for his appearance to hear judgment delivered.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Bailable Offence Sec 2(1)(a) Charge Sec 2(1)(b) Cognizable Offence Sec 2(1)(c) Investigation Sec 2(1)(h) Police Station Sec 2(1)(q) Bail Sec 478

Legal Commentary & Landmark Judgments: Section 480

Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs judicial discretion and statutory conditions for granting bail in non-bailable offences by Magistrates.

Process Issuance & Attendance: Section 480 regulates the grant of bail in non-bailable offences by Magistrates: when any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant, or appears or is brought before a Court, they may be released on bail.
Bail & Custodial Standards: However, sub-section (1) establishes two statutory bars: bail shall not be granted if there appear reasonable grounds for believing that the accused has been guilty of an offence punishable with death or imprisonment for life, or if the offence is a cognizable offence and the accused had been previously convicted of an offence punishable with death, life imprisonment, or seven years or more.
Core Legal Standard: The first proviso creates a humane exception: the Court may direct that a person be released on bail if such person is under sixteen years of age, is a woman, is sick, or is infirm.

Sub-section (3) empowers the Court to impose reasonable conditions to prevent witness tampering or repetition of offences.

Key Landmark Precedents:

State of Rajasthan v. Balchand (1977) 4 SCC 308: Justice Krishna Iyer laid down the immortal canon of Indian criminal jurisprudence: 'Bail is the rule, and jail is the exception', holding that deprivation of personal liberty must be founded on genuine necessity.
Satender Kumar Antil v. CBI (2022) 10 SCC 51: The Supreme Court formulated comprehensive guidelines classifying offences and mandating that bail in non-heinous offences should ordinarily be granted without custodial remand.
Prahlad Singh Bhati v. NCT of Delhi (2001) 4 SCC 280: Delineated the statutory limitations on the Magistrate's bail powers under Section 437 CrPC (Sec 480 BNSS) in cases punishable with life imprisonment or death.

Legal Commentary:

Section 480 is the primary bail forum before Magistrates. Defense advocates representing women, minors, or infirm persons should immediately invoke the first proviso to Section 480(1), which overrides the statutory bar and allows bail even in serious allegations.