Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 480: In What Cases Bail to Be Taken
(1) When any person other than a person accused of a non-bailable offence is arrested 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 494.
(2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the 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 to pay the penalty thereof under section 493.
Brefe Detail
This section of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the conditions under which bail can be granted. It specifies that individuals arrested without a warrant for non-bailable offences can be released on bail if they are prepared to give bail. It also provides for the release of indigent persons on executing a bond instead of a bail bond. Furthermore, it establishes the consequences for individuals who fail to comply with the conditions of their bail.
Question & Answers
Q1: Who is eligible for bail under Section 480?
A1: Any person other than a person accused of a non-bailable offence who is arrested without a warrant or is brought before a Court.
Q2: What happens if an indigent person cannot furnish surety for bail?
A2: The officer or Court may discharge the indigent person on executing a bond for their appearance instead of taking a bail bond.
Q3: What is the presumption regarding a person's ability to give a bail bond within a week of arrest?
A3: If a person is unable to give a bail bond within a week, it can be presumed that they are an indigent person for the purposes of the proviso.
Q4: What occurs if a person fails to comply with the conditions of the bail bond?
A4: The Court may refuse to release the person on bail during subsequent appearances, and such refusal does not affect the Court's powers to impose penalties under section 493.
Example
- Example 1: A person arrested for a minor offence can be released on bail immediately if they are willing to give bail.
- Example 2: If an arrested individual cannot provide a bail bond due to financial constraints, the Court may allow them to execute a personal bond instead.
Summary
Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023, details the process and conditions for granting bail, particularly focusing on the rights of indigent individuals and the consequences of non-compliance with bail conditions.
