CrPC 439→BNSS 483

CrPC 439 to BNSS 483: Special powers of High Court or Court of Session regarding bail

Section 439 CrPC (1973) replaced by Section 483 BNSS (2023)

View CrPC Section 439 →View BNSS Section 483 →

CrPC 439 to BNSS 483 at a Glance

Section 439 CrPC (Special powers of High Court or Court of Session regarding bail) is now Section 483 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 439 to BNSS 483?

Section 439 of the Code of Criminal Procedure, 1973 became Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 439(1) CrPC, Section 439(1A) CrPC and Section 439(2) CrPC are renumbered as Section 483(1) BNSS, Section 483(2) BNSS and Section 483(3) BNSS, with no new sub-section. In Section 483(1)(a) BNSS, Section 437(3) CrPC becomes Section 480(3) BNSS. In the second proviso to Section 483(1) BNSS and in Section 483(2) BNSS, Section 376(3), Section 376AB, Section 376DA and Section 376DB of the Indian Penal Code become Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023. BNS 70(2) covers gang rape of a woman under eighteen, where IPC 376DA and IPC 376DB covered under sixteen and under twelve.

CrPC 439 vs BNSS 483: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section439483
HeadingSpecial powers of High Court or Court of Session regarding bailSame
Sub-sections3 sub-sectionsSame
Cross-referencess.437s.480

CrPC 439 and BNSS 483: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 439, CrPC 1973

439. Special powers of High Court or Court of Session regarding bail.—(1) A High Court or Court of Session may direct,— (a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; (b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice. Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code (45 of 1860), give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application. (1A) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code (45 of 1860). (2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.
BNSS 2023 (in force)

Section 483, BNSS 2023

483. Special powers of High Court or Court of Session regarding bail.—(1) A High Court or Court of Session may direct,— (a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 480, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; (b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice: Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application. (2) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023. (3) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.

When It Applies: CrPC 439 vs BNSS 483

Under CrPC 439
  1. A High Court or a Court of Session may direct the release on bail of any person accused of an offence who is in custody, and for an offence of the nature specified in Section 437(3) of the Code of Criminal Procedure, 1973 it may impose any condition it considers necessary for the purposes in that sub-section.
  2. A High Court or a Court of Session may direct that any bail condition imposed by a Magistrate when releasing a person on bail be set aside or modified under Section 439(1)(b) of the Code of Criminal Procedure, 1973.
  3. Under the first proviso to Section 439(1) of the Code of Criminal Procedure, 1973, before granting bail to a person accused of an offence triable exclusively by the Court of Session or punishable with imprisonment for life, the High Court or the Court of Session shall give notice of the bail application to the Public Prosecutor, unless it is of opinion, for reasons to be recorded in writing, that it is not practicable to give such notice.
  4. At the hearing of a bail application for a person accused under Section 376(3), Section 376AB, Section 376DA or Section 376DB of the Indian Penal Code, Section 439(1A) of the Code of Criminal Procedure, 1973 makes the presence of the informant or a person authorised by the informant obligatory.
  5. Under Section 439(2) of the Code of Criminal Procedure, 1973, a High Court or a Court of Session may direct the arrest and committal to custody of any person who has been released on bail under the same Chapter of the Code.
Under BNSS 483
  1. A High Court or a Court of Session may direct the release on bail of any person accused of an offence who is in custody, and for an offence of the nature specified in Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 it may impose any condition it considers necessary for the purposes in that sub-section.
  2. A High Court or a Court of Session may direct that any bail condition imposed by a Magistrate when releasing a person on bail be set aside or modified under Section 483(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  3. Under the first proviso to Section 483(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before granting bail to a person accused of an offence triable exclusively by the Court of Session or punishable with imprisonment for life, the High Court or the Court of Session shall give notice of the bail application to the Public Prosecutor, unless it is of opinion, for reasons to be recorded in writing, that it is not practicable to give such notice.
  4. At the hearing of a bail application for a person accused under Section 65 or Section 70(2) of the Bharatiya Nyaya Sanhita, 2023, Section 483(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 makes the presence of the informant or a person authorised by the informant obligatory.
  5. Under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a High Court or a Court of Session may direct the arrest and committal to custody of any person who has been released on bail under the same Chapter of the Sanhita.

Time Limits: CrPC 439 to BNSS 483

Under CrPC 439
  • Under the second proviso to Section 439(1) of the Code of Criminal Procedure, 1973, for an offence triable under Section 376(3), Section 376AB, Section 376DA or Section 376DB of the Indian Penal Code, the High Court or the Court of Session shall give notice of the bail application to the Public Prosecutor within a period of fifteen days from the date of receipt of notice of the application, before granting bail.Act text: “within a period of fifteen days from the date of receipt of the notice of such application”
Under BNSS 483
  • Under the second proviso to Section 483(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence triable under Section 65 or Section 70(2) of the Bharatiya Nyaya Sanhita, 2023, the High Court or the Court of Session shall give notice of the bail application to the Public Prosecutor within a period of fifteen days from the date of receipt of notice of the application, before granting bail.Act text: “within a period of fifteen days from the date of receipt of the notice of such application”

What CrPC 439 to BNSS 483 Means in Practice

From 1 July 2024, the special bail powers of a High Court or a Court of Session in Section 439 of the Code of Criminal Procedure, 1973 are found in Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The powers of the court to grant bail, impose or modify conditions and direct arrest keep the same wording. The notice of fifteen days to the Public Prosecutor and the presence of the informant at the hearing attach to an offence triable under BNS 65 or BNS 70(2). BNS 70(2) covers gang rape of a woman under eighteen, where IPC 376DA and IPC 376DB covered under sixteen and under twelve.

FAQs: CrPC 439 to BNSS 483

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 439 CrPC from 1 July 2024?▼

From 1 July 2024, Section 439 of the Code of Criminal Procedure, 1973 is replaced by Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In this renumbering, which is a change of form, Section 439(1) CrPC becomes Section 483(1) BNSS, Section 439(1A) CrPC becomes Section 483(2) BNSS, and Section 439(2) CrPC becomes Section 483(3) BNSS, while the powers of the High Court and the Court of Session regarding bail remain unchanged.

Did the notice requirements to the Public Prosecutor or the informant change between Section 439 CrPC and Section 483 BNSS?▼

The notice and hearing rules keep the same wording in Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, but the offences they attach to changed. The cross-references in Section 483(1) BNSS and Section 483(2) BNSS point to BNS 65 and BNS 70(2) in place of IPC 376(3), IPC 376AB, IPC 376DA and IPC 376DB. BNS 70(2) covers gang rape of a woman under eighteen, where IPC 376DA and IPC 376DB covered under sixteen and under twelve, so the fifteen days notice to the Public Prosecutor and the presence of the informant apply where the woman is under eighteen.

Did the power to impose or modify bail conditions or to direct arrest change in Section 483 BNSS?▼

No, the powers to impose bail conditions, to set aside or modify conditions imposed by a Magistrate, and to direct the arrest and committal to custody of a person released on bail are unchanged between Section 439 of the Code of Criminal Procedure, 1973 and Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The only changes are changes of form: Section 483(1)(a) BNSS updates the cross-reference from Section 437(3) CrPC to Section 480(3) BNSS, and Section 439(2) CrPC becomes Section 483(3) BNSS.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·