Section 483 BNSS: Special powers of High Court or Court of Session regarding bail

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 483 BNSS at a Glance

Section 483 BNSS deals with special powers of High Court or Court of Session regarding bail. It replaced Section 439 CrPC on 1 July 2024. Popularly called bail by the High Court or Court of Session. The rule is unchanged; IPC references now read as BNS 65 and 70(2).

Was CrPC

Section 439 →

Section 483 BNSS Bare Act Text

(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.

Source: Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 483 BNSS in Simple Words

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives a High Court or Court of Session special powers about bail. Under Section 483(1)(a) BNSS, the Court may direct that any person accused of an offence and in custody be released on bail. If the offence is of the nature specified in section 480(3) of the Sanhita, the Court may impose any condition which it considers necessary for the purposes mentioned in that sub-section. Under Section 483(1)(b) BNSS, the Court may direct that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified.

The first proviso to Section 483(1) BNSS covers a person accused of an offence triable exclusively by the Court of Session, or punishable with imprisonment for life though not so triable. Before granting that person bail, the Court shall give notice of the bail application to the Public Prosecutor. The Court shall give this notice unless it is of opinion, for reasons to be recorded in writing, that giving it is not practicable. The second proviso to Section 483(1) BNSS covers a person accused of an offence triable under section 65 or section 70(2) of the Bharatiya Nyaya Sanhita, 2023.

Before granting that person bail, the Court shall give notice of the bail application to the Public Prosecutor within fifteen days from the date of receipt of the notice of the application. Under Section 483(2) BNSS, the presence of the informant, or any person authorised by the informant, is obligatory at the hearing of a bail application of a person accused under either of those sections. Under Section 483(3) BNSS, the Court may direct that any person released on bail under Chapter XXXV of the Sanhita be arrested and committed to custody.

When Section 483 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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 Under Section 483 BNSS

  • 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”

Example of Section 483 BNSS

Vikram is in custody, accused of an offence triable under Section 65 of the Bharatiya Nyaya Sanhita, 2023, and applies to the Court of Session for bail under Section 483(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under the second proviso to Section 483(1) BNSS, before granting bail, 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 the notice of the application. Under Section 483(2) BNSS, the presence of the informant, Meera, or a person authorised by her is obligatory at the time of hearing of the application, after which the court may decide whether to release Vikram on bail.

When Section 483 BNSS Does Not Apply

  • The power to direct release on bail under Section 483(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply if the person is not accused of an offence or is not in custody.
  • The power under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to direct arrest and committal to custody does not apply if the person has not been released on bail under that Chapter of the Sanhita.

Section 483 BNSS in the CrPC (Previous Law)

Section 483 BNSS replaced Section 439 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 483 BNSS

What bail orders may a High Court or a Court of Session pass under Section 483(1) BNSS?▼

A High Court or a Court of Session may exercise the powers in Section 483(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to direct that any person accused of an offence and in custody be released on bail. If the offence is of the nature specified in Section 480(3) BNSS, the court may impose any condition it considers necessary for the purposes in that sub-section. Under Section 483(1)(b) BNSS, either court may also set aside or modify any bail condition imposed by a Magistrate.

When must notice of a bail application be given to the Public Prosecutor under Section 483(1) BNSS?▼

Under the first proviso to Section 483(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, prior notice to the Public Prosecutor is required for offences triable exclusively by the Court of Session or punishable with imprisonment for life, unless the court records reasons in writing that it is of opinion that notice is not practicable. For offences triable under Section 65 or Section 70(2) of the Bharatiya Nyaya Sanhita, 2023, notice shall be given within fifteen days from receipt of notice of the application.

When is the informant required to be present at a bail hearing under Section 483 BNSS, and when can a person on bail be arrested?▼

Section 483(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 makes the presence of the informant or any person authorised by the informant obligatory at the time of hearing of the bail application for a person under Section 65 or Section 70(2) of the Bharatiya Nyaya Sanhita, 2023. Separately, under Section 483(3) BNSS, a High Court or a Court of Session may direct that any person who has been released on bail under the Chapter be arrested and committed to custody.

What changed from Section 439 CrPC to Section 483 BNSS from 1 July 2024?▼

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 439 CrPC from 1 July 2024. The wording changes are updates of references: the section and its sub-sections are renumbered as Section 483(1) BNSS, Section 483(2) BNSS and Section 483(3) BNSS, the cross-reference in Section 483(1)(a) BNSS is updated to Section 480(3) BNSS, and the offence references in Section 483(1) BNSS and Section 483(2) BNSS are updated to 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.

Section 483 BNSS: Sub-sections Explained

Section 483(1) BNSS: Special powers of High Court or Court of Session regarding bail

▶

Bare Act Text

(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.

Previous Law

CrPC 439 → Section 483(1) BNSS

Section 483(2) BNSS: Special powers of High Court or Court of Session regarding bail

▶

Bare Act Text

(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.

Previous Law

CrPC 439(1A) → Section 483(2) BNSS

Section 483(3) BNSS: Special powers of High Court or Court of Session regarding bail

▶

Bare Act Text

(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.

Previous Law

CrPC 439(2) → Section 483(3) BNSS

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