Code
(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 492 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.
Explanation of Section 480 BNSS
Section 480 BNSS defines the circumstances under which bail may be granted in non-bailable offences. The basic principle is that bail is not an absolute right in such cases but depends on the Court’s discretion.
Key points:
- Bail is denied in cases where there are reasonable grounds to believe that the accused is guilty of an offence punishable by death or life imprisonment.
- If there are insufficient grounds to prove guilt but further inquiry is required, bail may be granted.
- The Court can impose conditions to ensure the accused does not interfere with the investigation.
- Special consideration is given to juveniles, women, sick, and infirm persons, allowing them to get bail more easily.
Illustrations
Example 1: Murder Case (No Bail Allowed)
A person is accused of murder (punishable by life imprisonment or death). Since there are reasonable grounds to believe he is guilty, the Court will not grant bail.
Example 2: Fraud Case (Bail May Be Granted)
A businessman is accused of financial fraud, a non-bailable offence. The Court finds no strong evidence of his direct involvement but believes further inquiry is required. The Court grants bail with conditions like surrendering his passport.
Example 3: Special Consideration for Women and Minors
A 16-year-old boy is accused of robbery, which is a non-bailable offence. Since he is a minor, the Court exercises discretion and grants him bail.
Common Questions and Answers on Section 480 BNSS
1. Can bail be granted in all non-bailable offences?
No. Bail is denied if the accused is likely guilty of an offence punishable by death or life imprisonment.
2. What factors does the Court consider before granting bail in a non-bailable offence?
- Strength of evidence against the accused
- Likelihood of tampering with evidence
- Risk of the accused absconding
- Criminal history of the accused
3. Can a woman or a sick person get bail even in serious offences?
Yes, the Court has discretion to grant bail to women, sick individuals, or minors even in non-bailable offences.
4. What conditions can the Court impose while granting bail?
- Regular appearance before the Court
- Not leaving the country without permission
- Not influencing witnesses or tampering with evidence
5. Is there any automatic right to bail under this section?
No, bail in non-bailable offences is not an automatic right and is decided based on the merits of each case.
Conclusion
Section 480 BNSS outlines when bail may be granted in non-bailable offences and provides guidelines to ensure fairness while balancing law enforcement needs. The Court’s discretion plays a crucial role in ensuring that bail is granted only in appropriate cases while preventing misuse.
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