Section 480 of BNSS : Section 480: When bail may be taken in case of non-bailable offence.

Explanation using Example

Example 1:

Scenario: Rajesh, a 35-year-old man, is accused of committing a non-bailable offence of theft under Chapter XVII of the Bharatiya Nyaya Sanhita, 2023. He is arrested by the police without a warrant.

Application of the Act:

1. Initial Arrest and Bail Consideration: Rajesh is brought before a Magistrate. The Magistrate considers whether Rajesh can be released on bail.
2. Grounds for Denial: The Magistrate finds that Rajesh has a previous conviction for a similar offence punishable with imprisonment for seven years. Therefore, under clause (ii) of sub-section (1), Rajesh should not be released on bail.
3. Special Consideration: However, Rajesh's lawyer argues that Rajesh is suffering from a severe illness. The Magistrate, considering Rajesh's health condition, decides to release him on bail under the first proviso of sub-section (1).
4. Conditions Imposed: The Magistrate imposes conditions under sub-section (3), such as:
   • Rajesh must attend all court hearings.
   • Rajesh must not commit any similar offence.
   • Rajesh must not tamper with evidence or influence witnesses.
5. Recording Reasons: The Magistrate records the reasons for granting bail in writing as required by sub-section (4).

Example 2:

Scenario: Priya, a 28-year-old woman, is accused of a non-bailable offence of forgery under Chapter XVII of the Bharatiya Nyaya Sanhita, 2023. She is detained by the police.

Application of the Act:

1. Initial Arrest and Bail Consideration: Priya is brought before a Magistrate. The Magistrate considers whether Priya can be released on bail.
2. Grounds for Denial: The Magistrate finds no previous convictions against Priya and no reasonable grounds to believe she committed an offence punishable with death or life...

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