Section 478 BNSS: In what cases bail to be taken

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 478 BNSS at a Glance

Section 478 BNSS deals with in what cases bail to be taken. It replaced Section 436 CrPC on 1 July 2024. Popularly called bail in bailable offences. A person unable to give bail within a week of the date of arrest may be presumed an indigent person for the first proviso; the rule is unchanged.

Was CrPC

Section 436 →

Section 478 BNSS Bare Act Text

(1) When any person other than a person accused of a 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, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail:

Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a bond for his appearance as hereinafter provided.

Explanation.

Where a person is unable to give bail bond within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso:

Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 135 or section 492.

(2) Notwithstanding anything in sub-section (1), where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond or bail bond to pay the penalty thereof under section 491.

Source: Section 478, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 478 BNSS in Simple Words

Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a person other than a person accused of a non-bailable offence. It applies when that person is arrested or detained without warrant by an officer in charge of a police station. It also applies when the person appears or is brought before a Court. The person shall be released on bail if prepared to give bail at any time while in the custody of that officer, or at any stage of the proceeding before that Court. Under the first proviso, the officer or Court may, if it thinks fit, discharge the person on the execution of a bond for appearance, instead of taking a bail bond.

The officer or Court shall do so if the person is indigent and is unable to furnish surety. The Explanation applies for the purposes of the first proviso. Where a person is unable to give a bail bond within a week of the date of arrest, the officer or the Court has a sufficient ground to presume that the person is indigent. Under the second proviso, nothing in Section 478 BNSS shall be deemed to affect section 135(3) or section 492 of the Sanhita. Under Section 478(2) BNSS, the Court may refuse to release a person on bail despite Section 478(1) BNSS.

This applies where the person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance. The refusal may come when the person, on a subsequent occasion in the same case, appears before the Court or is brought in custody. Any such refusal is without prejudice to the powers of the Court to call upon any person bound by the bond or bail bond to pay the penalty under section 491 of the Sanhita.

When Section 478 BNSS Applies

  • When any person other than a person accused of a non-bailable offence is arrested or detained without a warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time during custody or at any stage of the proceeding to give bail, that person shall be released on bail under Section 478(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • The first proviso to Section 478(1) BNSS permits the officer in charge of a police station or the Court, if he or it thinks fit, to discharge the person on executing a bond for appearance instead of taking a bail bond.
  • Under the first proviso to Section 478(1) BNSS, if the person is indigent and is unable to furnish surety, the officer or the Court shall discharge him on executing a bond for his appearance instead of taking a bail bond.
  • Section 478(2) BNSS creates an exception to Section 478(1) BNSS under which, where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to release him on bail when he appears before the Court or is brought in custody on a subsequent occasion in the same case.
  • Under Section 478(2) BNSS, any refusal by the Court to release the person on bail on a subsequent occasion is without prejudice to the powers of the Court to call upon any person bound by such bond or bail bond to pay the penalty under Section 491 BNSS.

Time Limits Under Section 478 BNSS

  • Under the Explanation to the first proviso of Section 478(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where a person is unable to give a bail bond within a week of the date of his arrest, that failure over the period of a week is a sufficient ground for the officer in charge of a police station or the Court to presume that he is an indigent person for the purposes of that proviso.Act text: “Where a person is unable to give bail bond within a week of the date of his arrest”

Example of Section 478 BNSS

Kiran is arrested without a warrant by an officer in charge of a police station for an offence that is not a non-bailable offence under the Bharatiya Nagarik Suraksha Sanhita, 2023. If Kiran is prepared while in custody to give bail, Section 478(1) BNSS requires that he shall be released on bail. However, Kiran is poor and remains unable to give a bail bond within a week of the date of his arrest. Under the Explanation to the first proviso of Section 478(1) BNSS, the officer has a sufficient ground to presume that Kiran is an indigent person, and if Kiran is unable to furnish surety, the officer shall discharge him on his executing a bond for his appearance.

When Section 478 BNSS Does Not Apply

  • Section 478(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply to a person who is accused of a non-bailable offence.
  • Under the second proviso to Section 478(1) BNSS, nothing in Section 478 BNSS applies so as to affect the provisions of Section 135(3) BNSS or Section 492 BNSS.
  • Under Section 478(2) BNSS, where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to release him on bail when, on a subsequent occasion in the same case, he appears before the Court or is brought in custody.

Section 478 BNSS in the CrPC (Previous Law)

Section 478 BNSS replaced Section 436 CrPC from 1 July 2024.

Section 436 of the Code of Criminal Procedure, 1973 became Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with no new sub-sections and the same rule. Every textual difference is a change of form. In Section 478(1) BNSS and Section 478(2) BNSS, bail, bond without sureties, and bail-bond become bail bond, bond, and bond or bail bond because Section 2(1)(e) BNSS defines a bond as an undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety. Cross-references are renumbered from Sections 116(3), 446A, and 446 CrPC to Sections 135(3), 492, and 491 BNSS.

Each sub-section below names its own source.

FAQs on Section 478 BNSS

When must an officer or Court release a person on bail under Section 478 BNSS?▼

Any person other than a person accused of a non-bailable offence who is arrested or detained without a warrant by an officer in charge of a police station, or who appears or is brought before a Court, shall be released on bail under the Bharatiya Nagarik Suraksha Sanhita, 2023. Under Section 478(1) BNSS, this duty applies whenever the person is prepared to give bail at any time while in the custody of such officer or at any stage of the proceeding before such Court.

When can a person be discharged on a bond instead of a bail bond under Section 478 BNSS?▼

Under the first proviso to Section 478(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the officer in charge of a police station or the Court may, if he or it thinks fit, discharge the person on executing a bond for appearance. If the person is indigent and unable to furnish surety, the officer or Court shall discharge him on a bond, and inability to give a bail bond within a week of arrest is a sufficient ground to presume indigence.

What happens under Section 478(2) BNSS if a person breaches the attendance conditions of a bond or bail bond?▼

Section 478(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 creates an exception to Section 478(1) BNSS where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance. On a subsequent occasion in the same case when he appears before the Court or is brought in custody, the Court may refuse bail, without prejudice to calling upon any person bound by such bond or bail bond to pay the penalty under Section 491 BNSS.

What changed from Section 436 CrPC to Section 478 BNSS from 1 July 2024?▼

Section 436 of the Code of Criminal Procedure, 1973 became Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with only changes of form and an unchanged rule. The text replaces bail, bond without sureties, and bail-bond with bail bond, bond, and bond or bail bond because Section 2(1)(e) BNSS defines a bond as an undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety, alongside renumbered cross-references.

Section 478 BNSS: Sub-sections Explained

Section 478(1) BNSS: In what cases bail to be taken

▶

Bare Act Text

(1) When any person other than a person accused of a 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, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail:

Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a bond for his appearance as hereinafter provided.

Explanation.

Where a person is unable to give bail bond within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso:

Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 135 or section 492.

Previous Law

CrPC 436 → Section 478(1) BNSS

Section 478(2) BNSS: In what cases bail to be taken

▶

Bare Act Text

(2) Notwithstanding anything in sub-section (1), where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond or bail bond to pay the penalty thereof under section 491.

Previous Law

CrPC 436(2) → Section 478(2) BNSS

Have questions about Section 478 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·