Bail Sections in BNSS: 478 to 483 (Old 436, 437, 439 CrPC)

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), regular bail is now in Section 478 (old 436 CrPC, bailable offences), Section 479 (old 436A, maximum detention of undertrials), Section 480 (old 437, non-bailable offences before the Magistrate) and Section 483 (old 439, special powers of the High Court and Sessions Court). The biggest change is in Section 479: a first-time undertrial must be released on bond after serving one-third of the maximum sentence, instead of one-half.

Section 478 BNSS: bail in bailable offences

A person accused of a bailable offence who is arrested without warrant, or who appears or is brought before a court, must be released on bail if ready to give it. An indigent person unable to furnish surety must be released on a bond without sureties. Inability to give bail within a week of arrest can be treated as indigence.

Section 479 BNSS: the one-half and one-third rule

This is the most searched bail change. The section applies to offences not punishable with death or life imprisonment.

• General rule: An undertrial detained for up to half of the maximum imprisonment for the offence “shall be released by the Court on bail”.
• First-time offenders (new): A person never convicted before is released on bond after one-third of the maximum sentence.
• Court’s discretion and limits: After hearing the Public Prosecutor and recording reasons, the court may continue detention beyond half, but never beyond the maximum sentence. Delay caused by the accused is excluded.
• Multiple cases (new): Under sub-section (2), where investigation, inquiry or trial is pending in more than one offence or in multiple cases, the person shall not be released on bail under this section.
• Jail Superintendent’s duty (new): Under sub-section (3), once half or one-third is completed, the Superintendent must forthwith apply in writing to the court for release.

Example: for an offence with a seven-year maximum, a first-time undertrial becomes eligible after two years and four months; others after three and a half years.

Retrospective application

In In Re: Inhuman Conditions in 1382 Prisons, the Supreme Court on 23 August 2024 accepted that Section 479 applies to undertrials in cases registered before 1 July 2024 as well, and directed jail Superintendents to process applications.

Section 480 BNSS: bail in non-bailable offences

Bail in a non-bailable offence is discretionary. A Magistrate or police officer cannot release a person if there are reasonable grounds to believe he committed an offence punishable with death or life imprisonment. Release is also restricted in a cognizable offence where the person has specified previous convictions (for an offence punishable with seven years or more, or two or more convictions for offences punishable with three to seven years).

The provisos soften these bars. Bail may still be granted to a person who “is a child or is a woman or is sick or infirm” (the CrPC said “under the age of sixteen years”). The identification proviso now adds that the need for “police custody beyond the first fifteen days” is not by itself a ground to refuse bail. The Public Prosecutor must be heard in offences punishable with death, life imprisonment or seven years or more.

Sub-section (3) makes conditions mandatory in serious offences. Sub-section (6) keeps the sixty-day rule: in a Magistrate trial, if the trial is not over within sixty days from the first date fixed for evidence and the accused has been in custody throughout, he is to be released unless the Magistrate records reasons.

Section 483 BNSS: High Court and Sessions Court

Section 483 corresponds to Section 439 CrPC and is substantially the same. The High Court or Court of Session can grant bail in any offence, impose conditions, modify a Magistrate’s conditions, and cancel bail by directing arrest.

Important case law

In Re: Inhuman Conditions in 1382 Prisons (2024)

This order made Section 479 apply to pre-BNSS cases and placed the duty of identifying eligible undertrials on jail authorities.

Common confusions

• Section 479 is not automatic: it excludes death or life offences and persons with multiple pending cases.
• First-time offender means no previous conviction, not merely a first arrest.
• Section 480 vs Section 483: Magistrates work under Section 480; the Sessions Court and High Court have wider powers under Section 483.

Practical guide for the public

For a bailable offence, ask for release at the police station itself or before the Magistrate; bail is a right. For a non-bailable offence, apply first to the Magistrate under Section 480; if rejected, or if the offence is triable by the Sessions Court, apply under Section 483 to the Sessions Court and then the High Court.

Keep ready: copy of the FIR, the remand order, identity proof of the accused and sureties, surety documents, medical records if relying on sickness, and a record of the custody period. If a family member has served one-third (first-time) or half of the maximum sentence, ask the jail Superintendent or the District Legal Services Authority (which gives free legal aid) whether a Section 479 application has been filed.

Exam angle

• 436 = 478, 436A = 479, 437 = 480, 438 = 482, 439 = 483.
• Section 479: one-third for first-time offenders; half for others; no benefit for death or life offences; Superintendent must apply.
• Section 480 proviso: “child” (CrPC said under sixteen years), woman, sick or infirm.
• Section 480(6): sixty days from the first date fixed for taking evidence in a Magistrate trial.
• Section 479 held applicable to pre-1 July 2024 cases (Supreme Court, August 2024).

Frequently asked questions

What is the new section for 437 CrPC bail?

Bail in non-bailable offences before a Magistrate is now governed by Section 480 of the BNSS, 2023.

What is the new section for 439 CrPC?

Section 483 BNSS now contains the special bail powers of the High Court and the Court of Session.

What is the one-third rule in Section 479 BNSS?

An undertrial who has never been convicted before must be released on bond after spending one-third of the maximum sentence for the offence in custody, unless the offence carries death or life imprisonment or multiple cases are pending.

Does Section 479 apply to old cases?

Yes. In August 2024 the Supreme Court held that it applies to undertrials in cases registered before 1 July 2024.

Quick quiz

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023: Sections 478 to 483
• Code of Criminal Procedure, 1973: Sections 436 to 439
• In Re: Inhuman Conditions in 1382 Prisons, Supreme Court, order of 23 August 2024

This page is for education and general information, not legal advice for a specific case.