What Is BNSS Section 482?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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 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 under the age of eighteen years 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 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 494 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 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 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 without sureties for his appearance to hear judgment delivered.

Brefe Detail

This section of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the conditions under which bail may be granted for non-bailable offences. It specifies criteria related to prior convictions, the age or health of the accused, and circumstances under which bail can be denied. It also emphasizes the necessity for the Court to record reasons for granting bail and the conditions to be imposed on the accused.

Question & Answers

Q1: When can a person accused of a non-bailable offence be released on bail?

A1: A person can be released on bail unless there are reasonable grounds to believe they are guilty of a serious offence or have prior convictions for certain offences.

Q2: What conditions must be met for the Court to grant bail to a person with prior convictions?

A2: The Court may grant bail if the person is under eighteen, a woman, sick, or if there are special reasons deemed just and proper.

Q3: Can the Court impose conditions on a person released on bail?

A3: Yes, the Court can impose conditions such as attending Court, not committing similar offences, and not tampering with evidence.

Q4: What happens if a trial for a non-bailable offence is not concluded within sixty days?

A4: The person must be released on bail if they have been in custody for the entire period unless the Magistrate records reasons for not doing so.

Q5: What should the Court do if it believes an accused person is not guilty before delivering a judgment?

A5: The Court shall release the accused on the execution of a bond without sureties for their appearance to hear the judgment.

Example

- Example 1: A 16-year-old accused of theft (a non-bailable offence) may be granted bail, provided there are no serious prior convictions.

- Example 2: An individual with a prior conviction for robbery who is arrested for a similar offence may be denied bail if reasonable grounds exist to believe they are guilty.

Summary

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifies the conditions for granting bail in non-bailable offences. It includes provisions regarding prior convictions, the age and health of the accused, and the Court's authority to impose conditions on bail. The section also mandates the documentation of reasons for bail decisions and outlines scenarios where bail must be granted, such as the non-conclusion of trials within a specified timeframe.