Section 480 of BNSS, 2023 — When Bail May Be Taken in Case of Non-Bailable Offence

Introduction

Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the grant of bail in cases involving non-bailable offences.

Unlike a bailable offence, bail in a non-bailable offence is generally not an absolute right. The police officer or Court has discretion to release the accused on bail, subject to the conditions and restrictions prescribed under Section 480.

The provision also contains special safeguards for children, women and sick or infirm persons, while imposing restrictions in cases involving offences punishable with death or imprisonment for life.

Meaning of Section 480

A non-bailable offence does not mean that bail can never be granted. It means that bail is not available as a matter of statutory right in the same manner as it is in a bailable offence.

Section 480 empowers the Court or the officer in charge of a police station to release an accused person on bail in appropriate cases.

The Court must consider the nature of the accusation, the seriousness of the offence, the circumstances of the case and the restrictions contained in the provision.

Statutory Basis

Section 480 of BNSS, 2023 provides the framework for bail in cases involving non-bailable offences.

The provision deals with:

• circumstances in which bail may be granted;
• restrictions on bail for serious offences;
• special consideration for children, women and sick or infirm persons;
• conditions that may be imposed while granting bail;
• restrictions where there are reasonable grounds to believe that the accused has committed certain serious offences;
• cancellation of bail where the accused violates the conditions of release.

Nature of Bail in Non-Bailable Offences

Bail in a non-bailable offence is discretionary.

The fact that an offence is classified as non-bailable does not itself prohibit the grant of bail. The Court must exercise judicial discretion in accordance with the statutory requirements and established principles governing bail.

The seriousness of the offence is relevant, but it is not the only consideration.

When Bail May Be Granted

Under Section 480, the officer in charge of a police station or the Court may release a person accused of or suspected of committing a non-bailable offence on bail.

However, the power is subject to statutory restrictions.

The Court may consider factors such as:

• the nature and seriousness of the accusation;
• the material available against the accused;
• the possibility of the accused fleeing from justice;
• the possibility of influencing witnesses or tampering with evidence;
• the circumstances of the accused; and
• the interests of justice.

Restrictions in Serious Offences

Section 480 places stronger restrictions where there appear reasonable grounds for believing that the accused has been guilty of an offence punishable with:

• death; or
• imprisonment for life.

In such cases, bail cannot ordinarily be granted merely as a matter of discretion by the officer in charge of a police station.

The statutory restrictions must be carefully considered before release.

Special Protection for Certain Persons

Section 480 recognises that certain categories of accused may require special consideration.

The Court may grant bail to a person who is:

• under the age of sixteen years;
• a woman; or
• sick or infirm.

This is an enabling provision and does not mean that such persons automatically receive bail in every non-bailable offence.

The circumstances of the particular case must still be considered.

Previous Convictions

Section 480 also contains restrictions concerning certain persons who have previously been convicted of serious offences.

The statutory restriction is relevant where the accused has previously been convicted of an offence punishable with:

• imprisonment for seven years or more;
• imprisonment for life; or
• death.

It also covers certain persons who have previously been convicted on two or more occasions of cognizable offences punishable with imprisonment for three years or more but less than seven years.

These previous convictions may affect the Court’s power to grant bail under the provision.

Court Must Record Reasons

Where bail is granted in circumstances covered by the statutory restrictions, the Court is required to record reasons or special reasons for doing so.

This requirement ensures that the exercise of judicial discretion is transparent and supported by reasons.

Conditions for Grant of Bail

The Court may impose conditions while granting bail.

These conditions may include requirements intended to ensure that the accused:

• attends the Court as required;
• does not commit an offence similar to the offence of which the person is accused or suspected;
• does not directly or indirectly make any inducement, threat or promise to a person acquainted with the facts of the case; and
• does not tamper with the evidence.

The purpose of these conditions is to balance the accused’s liberty with the proper administration of criminal justice.

Bail Conditions and Personal Liberty

Conditions attached to bail must have a reasonable connection with the purpose of securing the accused’s presence and protecting the integrity of the criminal proceedings.

Conditions should not ordinarily be arbitrary, excessive or unrelated to the case.

The Court must maintain a balance between individual liberty and the interests of justice.

Anticipatory Bail and Section 480

Section 480 concerns the grant of bail after the person is accused of or suspected of a non-bailable offence.

Anticipatory bail is a separate remedy available under Section 482 of BNSS.

Therefore, Section 480 should not be confused with anticipatory bail.

Procedure

Step 1: Accusation of a Non-Bailable Offence

The person is accused of or suspected of committing a non-bailable offence.

Step 2: Consideration by Police or Court

The officer in charge of the police station or the Court considers whether bail can be granted.

Step 3: Consider Statutory Restrictions

The authority examines whether the offence attracts the restrictions relating to death, life imprisonment or the other circumstances specified under Section 480.

Step 4: Consider Special Circumstances

The Court may give special consideration to factors such as the accused being below sixteen years of age, a woman, sick or infirm.

Step 5: Imposition of Conditions

Where bail is granted, appropriate conditions may be imposed to secure attendance and prevent interference with the administration of justice.

Step 6: Recording of Reasons

Where the provision requires reasons or special reasons, the Court must record them while granting bail.

Powers of the Police Officer

The officer in charge of a police station has the statutory power to release an accused on bail in a non-bailable case in circumstances permitted by Section 480.

However, the police officer cannot disregard the statutory restrictions applicable to serious offences.

Powers of the Court

The Court has wider judicial responsibility while considering bail in a non-bailable offence.

It must examine the facts and circumstances of the case and apply the statutory restrictions.

The Court may impose conditions designed to ensure that the accused appears before the Court and does not interfere with the proceedings.

Cancellation of Bail

Bail is not an unconditional or permanent protection.

Where an accused violates the conditions imposed by the Court, interferes with the administration of justice or otherwise abuses the liberty granted, appropriate legal action may follow, including cancellation of bail in accordance with law.

Important Distinctions

Bailable Offence and Non-Bailable Offence

In a bailable offence, bail is generally a statutory right when the requirements of the law are satisfied.

In a non-bailable offence, bail is ordinarily discretionary and is governed by the restrictions contained in Section 480.

Regular Bail and Anticipatory Bail

Regular bail concerns release from custody.

Anticipatory bail is protection granted in anticipation of arrest in specified circumstances.

Section 480 deals with bail in a non-bailable offence, whereas anticipatory bail is governed separately by Section 482.

BNSS and CrPC

Section 480 of BNSS corresponds substantially to Section 437 of the Code of Criminal Procedure, 1973.

The basic framework concerning bail in non-bailable offences has been retained.

The provision continues to distinguish between ordinary non-bailable offences and more serious offences punishable with death or imprisonment for life. It also continues special consideration for children, women and sick or infirm persons.

The BNSS therefore largely continues the earlier statutory approach while placing the provision within the new BNSS framework.

Constitutional Connection

The grant of bail in non-bailable offences is closely connected with Article 21 of the Constitution, which protects personal liberty.

Pre-trial detention affects the liberty of a person who has not yet been convicted. Bail provisions therefore seek to balance personal liberty with the need to ensure a fair and effective criminal process.

The discretion to grant bail must consequently be exercised judicially and not arbitrarily.

Case Law

State of Rajasthan v. Balchand

The Supreme Court recognised the fundamental principle that the grant of bail must be approached with due regard to personal liberty and the circumstances of the case.

The decision is associated with the well-known principle that bail should ordinarily be preferred over unnecessary incarceration, subject to the nature of the offence and other relevant considerations.

Gudikanti Narasimhulu v. Public Prosecutor

The Supreme Court emphasised that bail involves a careful balance between personal liberty and the interests of justice.

The Court explained that judicial discretion in bail matters must be exercised on sound principles rather than mechanically.

Sanjay Chandra v. CBI

The Supreme Court observed that the purpose of pre-trial detention is not punitive because the accused has not yet been convicted.

The decision emphasised considerations such as the likelihood of the accused fleeing from justice, tampering with evidence and influencing witnesses while determining whether detention is necessary.

These principles continue to be relevant while applying Section 480 BNSS, subject to the statutory language of the new provision.

Common Confusions

Does non-bailable mean that bail is prohibited?

No.

A non-bailable offence does not mean that bail can never be granted. It means that bail is not a statutory right in the same manner as in a bailable offence.

Is bail in a non-bailable offence automatic?

No.

The grant of bail is generally discretionary and subject to Section 480 and other applicable provisions.

Can a woman be granted bail in a serious non-bailable offence?

Yes, the Court may give special consideration to a woman under Section 480.

However, this does not create an automatic right to bail. The facts and circumstances of the case must still be considered.

Can a sick or infirm person receive bail?

Yes.

Section 480 permits special consideration to be given to a sick or infirm person.

Is anticipatory bail granted under Section 480?

No.

Anticipatory bail is dealt with separately under Section 482 BNSS.

Can conditions be imposed while granting bail?

Yes.

The Court may impose conditions necessary to ensure the accused’s attendance and prevent interference with the criminal proceedings.

Example

A is accused of a non-bailable offence punishable with imprisonment but not with death or life imprisonment.

A applies for bail before the Court. The Court examines the allegations, material available against A, the possibility of A fleeing from justice, the possibility of influencing witnesses and other relevant circumstances.

If the Court is satisfied that release is appropriate, it may grant bail subject to suitable conditions.

Topic at a Glance

• Section: 480, BNSS, 2023
• Subject: Bail in non-bailable offences
• Nature of bail: Generally discretionary
• Authority: Officer in charge of police station or Court, subject to statutory restrictions
• Serious offences: Special restrictions apply where the offence is punishable with death or imprisonment for life
• Special consideration: Persons below sixteen years, women, sick or infirm persons
• Bail conditions: May be imposed to secure attendance and prevent interference with justice
• Anticipatory bail: Governed separately by Section 482
• Corresponding CrPC provision: Section 437, CrPC

Quick Revision

• Section 480 BNSS deals with bail in non-bailable offences.
• Bail in a non-bailable offence is generally discretionary.
• The provision does not mean that bail is prohibited merely because an offence is non-bailable.
• Special restrictions apply to offences punishable with death or imprisonment for life.
• Children below sixteen years, women, sick persons and infirm persons may receive special consideration.
• Previous convictions may affect eligibility for bail under the statutory restrictions.
• The Court may impose conditions while granting bail.
• Reasons or special reasons must be recorded where required by the provision.
• Section 480 substantially corresponds to Section 437 CrPC.
• Anticipatory bail is separately governed by Section 482 BNSS.
• The provision must be applied consistently with the constitutional protection of personal liberty under Article 21.

ALSO READ: Section 479 – Maximum period for which under-trial prisoner can be detained

Conclusion

Section 480 of BNSS provides the statutory framework for granting bail in non-bailable offences. Unlike bail in bailable offences, release under this provision is generally a matter of judicial discretion and is subject to restrictions based on the seriousness of the offence and the circumstances of the accused.

At the same time, the provision recognises the importance of personal liberty by allowing appropriate consideration for children, women, sick and infirm persons and by permitting courts to impose safeguards instead of unnecessarily continuing pre-trial detention.