BNSS Section 478 — In what cases bail to be taken

CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS

Criminal

Summary

When a person who is not accused of a serious, non-bailable offence is arrested or appears before a court, and is willing to give bail at any time while in custody or during the court proceedings, that person must be released on bail. However, if the person is poor and cannot provide a surety, the officer or court may instead release them on a simple bond promising to appear in court. If a person cannot arrange bail within a week of arrest, the officer or court can consider them poor for this purpose. But if a person has previously failed to follow the conditions of their bond or bail by not appearing in court on time, the court can refuse to grant them bail again in the same case.

Official 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.

Related Judgments

  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.8 p.785 — Supreme Court of India (2025)
  • SC (2025) Vol.10 p.1 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

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