CLAUSES 482,483,484 OF BNSS

 

CLAUSES 482,483,484 OF BNSS

Clause 482 - When bail may be taken in case of non-bailable offence

(1)       When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an offi cer 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: 151 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 under the age of eighteen years or is a woman or is sick or infi rm: Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfi ed 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 identifi ed by witnesses during investigation shall not be suffi cient 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 offi cer 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 suffi cient grounds for further inquiry into his guilt, the accused shall, subject to the provisions of section 494 and pending such inquiry, be released on bail, or, at the discretion of such offi cer or Court, on the execution by him of a bond without sureties 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 XVI or Chapter XVII of the Bharatiya Nagarik Suraksha Sanhita, 2023 or abatement 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  offi cer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary. (4) An offi cer 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 doing so. (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 fi rst date fi xed 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 without sureties for his appearance to hear judgment delivered.

(2)        Clause 483 - Bail to require accused to appear before next Appellate Court (1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition fi led against the judgment of the respective Court and such bond shall be in force for six months. (2) If such accused fails to appear, the bond stands forfeited and the procedure under section 493 shall apply.

(3)        Clause 484 - Direction for grant of bail to person apprehending arrest (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court 153 may, if it thinks fi t, direct that in the event of such arrest, he shall be released on bail. (2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fi t, including— (i) a condition that the person shall make himself available for interrogation by a police offi cer as and when required; (ii) a condition that the 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 offi cer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 482, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an offi cer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such offi cer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be issued in the fi rst instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). (4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under sub-section (2) of section 64 or section 66 or section 70 of the Bharatiya Nyaya Sanhita, 2023.