Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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 may, if it thinks fit, 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 fit, including—
- (i) a condition that the person shall make himself available for interrogation by a police officer 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 officer;
- (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 officer 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 officer 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 first 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.
Brefe Detail
Section 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a legal framework for individuals who anticipate arrest for non-bailable offenses. It allows such individuals to seek directions from the High Court or the Court of Session for bail, which may be granted under specific conditions. The section outlines the process for applying for bail, conditions that may be imposed, and stipulations regarding arrests and warrants.
Question & Answers
Q1: Who can apply for bail under Section 484?
A1: Any person who believes they may be arrested on an accusation of a non-bailable offense can apply for bail.
Q2: Which courts can a person approach for bail directions?
A2: A person can apply to the High Court or the Court of Session for bail directions.
Q3: What can the Court include in its bail directions?
A3: The Court may include conditions such as making oneself available for police interrogation, not influencing witnesses, and not leaving India without permission.
Q4: What happens if a person is arrested after applying for bail?
A4: If arrested, the person must be released on bail if they can provide bail at the time of arrest or during police custody.
Q5: Are there any exceptions to this section?
A5: Yes, this section does not apply to cases involving accusations under specific subsections of the Bharatiya Nyaya Sanhita, 2023.
Example
1. Scenario: A business owner suspects they may be arrested for alleged financial misconduct.
Action: They apply to the High Court for bail directions.
Outcome: The Court grants bail with conditions such as availability for questioning and not leaving the country.
2. Scenario: An individual is arrested without a warrant after seeking bail directions.
Action: They present their bail application to the police at the time of arrest.
Outcome: They are released on bail as they had previously applied for it.
Summary
Section 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows individuals anticipating arrest for non-bailable offenses to seek bail directions from the High Court or the Court of Session. The Court may impose conditions for bail, and if the person is arrested, they must be released on bail if they can provide it. However, this section does not apply to certain offenses specified in the Bharatiya Nyaya Sanhita, 2023.
