Section 480 BNSS: When bail may be taken in case of non-bailable offence
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 480 BNSS at a Glance
Section 480 BNSS deals with when bail may be taken in case of non-bailable offence. It replaced Section 437 CrPC on 1 July 2024. Popularly called bail in non-bailable offences. Under the third proviso to Section 480(1) BNSS, being required for police custody beyond the first fifteen days shall not be sufficient ground for refusing to grant bail.
Section 480 BNSS Bare Act Text
(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.
Source: Section 480, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 480 BNSS in Simple Words
Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with bail for a person accused of, or suspected of, a non-bailable offence. It applies when the 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 other than the High Court or Court of Session. The person may be released on bail, but not where Section 480(1)(i) BNSS or Section 480(1)(ii) BNSS bars release. Under Section 480(1)(i) BNSS, the person shall not be released if reasonable grounds appear for believing that the person has been guilty of an offence punishable with death or imprisonment for life. Section 480(1)(ii) BNSS applies if the offence is cognizable. Then the person shall not be released if the person was previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more. The person shall also not be released if previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but less than seven years. The first proviso lets the Court direct release of a person barred by either of those clauses. This applies if the person is a child, is a woman, or is sick or infirm. The second proviso lets the Court also direct release of a person barred by Section 480(1)(ii) BNSS if it is satisfied that release is just and proper for any other special reason. Under the third proviso, the mere fact that the accused may be required for identification by witnesses during investigation is not sufficient ground for refusing bail. The same is true of the mere fact that the accused may be required for police custody beyond the first fifteen days. That applies only if the accused is otherwise eligible for release on bail and gives an undertaking to comply with the directions the Court gives.
Under the fourth proviso, the offence alleged may be punishable with death, imprisonment for life or imprisonment for seven years or more. In that case the Court shall not release the person on bail under Section 480(1) BNSS without giving the Public Prosecutor an opportunity of hearing. Section 480(2) BNSS applies at any stage of the investigation, inquiry or trial. It applies if it appears to the officer or Court that there are not reasonable grounds for believing that the accused committed a non-bailable offence, but there are sufficient grounds for further inquiry into guilt. In that case the accused shall be released on bail pending that inquiry, subject to section 492 of the Sanhita. The release may instead be, at the discretion of the officer or Court, on the execution of a bond for appearance. Section 480(3) BNSS applies when a person is released on bail under Section 480(1) BNSS. It applies if the person is accused or suspected of an offence punishable with imprisonment which may extend to seven years or more. It also applies to an offence under Chapter VI, Chapter VII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, or to abetment of, or conspiracy or attempt to commit, any such offence. In those cases the Court shall impose the following conditions. The person shall attend in accordance with the conditions of the bond executed under Chapter XXXV of the Sanhita. The person shall not commit an offence similar to the offence of which the person is accused or suspected. The person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case. That bar applies where the inducement, threat or promise is made so as to dissuade the one acquainted with the facts from disclosing those facts to the Court or to any police officer.
The person shall also not tamper with the evidence. The Court may also impose, in the interests of justice, such other conditions as it considers necessary. An officer or a Court releasing any person on bail under Section 480(1) BNSS or Section 480(2) BNSS shall record in writing the reasons or special reasons for doing so. Under Section 480(5) BNSS, a Court that has released a person on bail under Section 480(1) BNSS or Section 480(2) BNSS may direct that the person be arrested and committed to custody. It may do so only if it considers it necessary. Section 480(6) BNSS applies to a case triable by a Magistrate where a person is accused of a non-bailable offence. If the trial is not concluded within a period of sixty days from the first date fixed for taking evidence, the person shall be released on bail to the satisfaction of the Magistrate. This applies only if the person is in custody during the whole of that period. The release does not follow if the Magistrate otherwise directs for reasons to be recorded in writing. Section 480(7) BNSS applies at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered. If 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 in custody. The release is on the execution of a bond for appearance to hear judgment delivered.
When Section 480 BNSS Applies
- Under Section 480(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, an officer in charge of a police station or a court other than the High Court or Court of Session may release on bail a person accused or suspected of a non-bailable offence who is arrested or detained without warrant or appears or is brought before that court, except that the person shall not be released if there appear reasonable grounds for believing that the person has been guilty of an offence punishable with death or imprisonment for life, or if the offence is cognizable and the person was previously convicted of an offence punishable with death, imprisonment for life, or imprisonment for seven years or more, or convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but less than seven years.
- Under the first proviso to Section 480(1) BNSS, the Court may direct that a person covered by Section 480(1)(i) BNSS or Section 480(1)(ii) BNSS be released on bail if the person is a child, is a woman, or is sick or infirm, and under the second proviso it may direct release of a person covered by Section 480(1)(ii) BNSS for any other special reason that makes release just and proper. Under the fourth proviso, no person accused of an offence punishable with death, imprisonment for life, or imprisonment for seven years or more shall be released on bail by the Court under Section 480(1) BNSS without giving the Public Prosecutor an opportunity of hearing.
- Under Section 480(2) BNSS, if it appears to the police station officer or the court at any stage of the investigation, inquiry, or trial that there are not reasonable grounds for believing the accused committed a non-bailable offence, but there are sufficient grounds for further inquiry into guilt, the accused shall, subject to Section 492 BNSS and pending that inquiry, be released on bail or, at the discretion of the officer or court, on executing a bond for appearance.
- When a court releases a person on bail under Section 480(1) BNSS who is accused or suspected of an offence punishable with imprisonment which may extend to seven years or more, or an offence under Chapter VI, Chapter VII, or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, or abetment, conspiracy, or attempt to commit such an offence, Section 480(3) BNSS requires the court to impose conditions for bond attendance, not committing a similar offence, and not making any inducement, threat, or promise to anyone acquainted with the facts or tampering with evidence, and Section 480(4) BNSS requires any officer or court granting bail under Section 480(1) BNSS or Section 480(2) BNSS to record reasons or special reasons in writing.
- Under Section 480(5) BNSS, any court that has released a person on bail under Section 480(1) BNSS or Section 480(2) BNSS may direct that the person be arrested and committed to custody if the court considers it necessary to do so.
- Under Section 480(7) BNSS, 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, the court shall release an accused who is in custody on the execution of a bond for appearance to hear judgment delivered.
Time Limits Under Section 480 BNSS
- Under the third proviso to Section 480(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the mere fact that an accused person may be required for police custody beyond the first fifteen days, or for witness identification during investigation, is not a sufficient ground for refusing bail if the accused is otherwise entitled to be released on bail and gives an undertaking to comply with court directions.Act text: “or for police custody beyond the first fifteen days shall not be sufficient ground for refusing to grant bail”
- Under Section 480(6) BNSS, if a trial before a Magistrate for a non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, an accused who has remained in custody during the whole sixty-day period shall be released on bail to the satisfaction of the Magistrate, unless the Magistrate records reasons in writing and directs otherwise.Act text: “within a period of sixty days from the first date fixed for taking evidence in the case”
Example of Section 480 BNSS
When Section 480 BNSS Does Not Apply
- Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where the person is not accused or suspected of the commission of a non-bailable offence.
- Section 480(1) BNSS does not confer power on the High Court or a Court of Session, as it applies only before an officer in charge of a police station or a court other than the High Court or Court of Session.
- Release on bail under Section 480(1)(i) BNSS is barred where there appear reasonable grounds for believing that the accused has been guilty of an offence punishable with death or imprisonment for life, unless the court directs release under the first proviso because the person is a child, a woman, or sick or infirm.
- Release on bail under Section 480(6) BNSS does not apply to a case that is not triable by a Magistrate.
Section 480 BNSS in the CrPC (Previous Law)
Section 480 BNSS replaced Section 437 CrPC from 1 July 2024.
Section 437 of the Code of Criminal Procedure, 1973 became Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 480(1)(ii) BNSS drops the word not before less than seven years. In Section 480(1) BNSS, the first proviso replaces a person under the age of sixteen years with a child, which Section 2(3) of the Bharatiya Nyaya Sanhita, 2023, applied by Section 2(2) BNSS, defines as any person below the age of eighteen years. The third proviso adds the words or for police custody beyond the first fifteen days to the grounds that shall not be sufficient for refusing to grant bail. Formal changes update section 446A to section 492, replace bond without sureties with bond, and update penal chapters in Section 480(3) BNSS, while Section 480(4) BNSS to Section 480(6) BNSS are unchanged.
Each sub-section below names its own source.
FAQs on Section 480 BNSS
When does Section 480(1)(ii) BNSS bar bail for a previously convicted person, and when can the court still grant bail?▼
Section 480(1)(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 bars bail in a cognizable non-bailable case if the accused was previously convicted of an offence punishable with death, imprisonment for life, or imprisonment for seven years or more, or on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but less than seven years. Provisos permit the court to grant bail if the person is a child, a woman, sick, infirm, or for special reasons.
Can bail under Section 480(1) BNSS be refused only because the accused may be needed for identification or further police custody?▼
No. Under the third proviso to Section 480(1) BNSS, 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 is not a sufficient ground for refusing to grant bail, provided the accused is otherwise entitled to be released on bail and gives an undertaking to comply with such directions as may be given by the court.
What conditions must a court impose when granting bail under Section 480(3) BNSS?▼
When bail is granted under Section 480(1) BNSS for an offence punishable with imprisonment which may extend to seven years or more, or under Chapter VI, Chapter VII, or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, or its abetment, conspiracy, or attempt, Section 480(3) BNSS requires the Court to impose conditions that the accused shall attend as required by the bond, shall not commit a similar offence, and shall not dissuade witnesses by inducement, threat, or promise or tamper with evidence. The Court may also impose such other conditions as it considers necessary in the interests of justice.
When does Section 480 BNSS require release on bail or on a bond during further inquiry or before judgment?▼
Under Section 480(2) BNSS, if at any stage of investigation, inquiry, or trial there are not reasonable grounds for believing the accused committed a non-bailable offence, but sufficient grounds exist for further inquiry into guilt, the accused shall, subject to Section 492 BNSS, be released on bail or on a bond. Under Section 480(7) BNSS, if after trial conclusion and before judgment the court finds reasonable grounds for believing the accused is not guilty, it shall release the accused on a bond.
What changed from Section 437 CrPC to Section 480 BNSS from 1 July 2024?▼
From 1 July 2024, Section 480 BNSS replaced Section 437 of the Code of Criminal Procedure, 1973. Section 480(1)(ii) BNSS drops the word not before less than seven years in the repeat-conviction clause. The first proviso to Section 480(1) BNSS replaces a person under the age of sixteen years in Section 437(1) CrPC with a child, which Section 2(3) of the Bharatiya Nyaya Sanhita, 2023, applied by Section 2(2) BNSS, defines as any person below the age of eighteen years. The third proviso adds the words or for police custody beyond the first fifteen days, so the mere fact that an accused person may be required 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 the undertaking. Section 480(2) BNSS, Section 480(3) BNSS, and Section 480(7) BNSS make formal updates to bond wording and cross-references.
Section 480 BNSS: Sub-sections Explained
Section 480(1) BNSS: When bail may be taken in case of non-bailable offence
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Bare Act Text
(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.
Section 480(2) BNSS: When bail may be taken in case of non-bailable offence
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Bare Act Text
(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.
Section 480(3) BNSS: When bail may be taken in case of non-bailable offence
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Bare Act Text
(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.
Section 480(4) BNSS: When bail may be taken in case of non-bailable offence
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Bare Act Text
(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.
Section 480(5) BNSS: When bail may be taken in case of non-bailable offence
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Bare Act Text
(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.
Section 480(6) BNSS: When bail may be taken in case of non-bailable offence
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Bare Act Text
(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.
Section 480(7) BNSS: When bail may be taken in case of non-bailable offence
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·