BNSS Section 480 — When bail may be taken in case of non-bailable offence
CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS
Criminal
Summary
When a person is arrested or appears in court for a non-bailable offence, they may be granted bail, but not if there are reasonable grounds to believe they committed an offence punishable by death or life imprisonment. Bail is also not allowed if the person was previously convicted of a serious offence, such as one punishable by death, life imprisonment, or seven years or more, or if they have been convicted two or more times for a cognizable offence punishable with three to seven years of imprisonment. However, the court can still grant bail in these cases if the person is a child, a woman, or sick or infirm, or for any other special reason the court finds just and proper. The court must hear the public prosecutor before granting bail for offences punishable by death, life imprisonment, or seven years or more.
If at any stage of investigation or trial it appears that there are no reasonable grounds to believe the accused committed a non-bailable offence, but further inquiry is needed, the accused must be released on bail or on a bond, subject to certain conditions. For offences punishable with seven years or more, or certain serious offences under the Bharatiya Nyaya Sanhita, 2023, the court must impose conditions requiring the person to attend court, not commit similar offences, and not threaten or tamper with witnesses. The court may also impose other necessary conditions.
The officer or court releasing a person on bail must record their reasons in writing. A court that has granted bail may later order the person to be arrested and taken into custody if it considers it necessary. If a trial before a magistrate for a non-bailable offence is not completed within sixty days from the first date of taking evidence, the accused must be released on bail if they have been in custody throughout that period, unless the magistrate records reasons otherwise. After the trial concludes but before judgment, if the court believes there are reasonable grounds that the accused is not guilty, it must release them on a bond to appear for the judgment.
Official 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.
Related Provisions
bail
Related Judgments
- SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
- SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
- SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
- SC (2025) Vol.8 p.785 — Supreme Court of India (2025)
- .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)