BNSS Section 483 — Special powers of High Court or Court of Session regarding bail
CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS
Criminal
Summary
A High Court or a Court of Session has the power to order that a person accused of an offence and held in custody be released on bail. For certain serious offences, the court may also add special conditions to the bail. The court can also change or remove any conditions that a Magistrate had earlier placed on the person’s bail.
Before granting bail to someone accused of a very serious offence, the court must usually inform the Public Prosecutor about the bail application, unless it is not practical to do so. For certain specific offences under the Bharatiya Nyaya Sanhita, 2023, the court must give this notice within fifteen days of receiving the application.
When a bail application is heard for those specific offences, the person who reported the crime, or someone they authorise, must be present at the hearing. The High Court or Court of Session can also order that a person who was granted bail be arrested and sent back to custody.
Official 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.
Related Provisions
bail
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)
- 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.10 p.1 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)