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 imprisonment. Therefore, Priya is eligible for bail under sub-section (1).
3. Conditions Imposed: The Magistrate imposes conditions under sub-section (3), such as:
   • Priya must attend all court hearings.
   • Priya must not commit any similar offence.
   • Priya must not tamper with evidence or influence witnesses.
4. Recording Reasons: The Magistrate records the reasons for granting bail in writing as required by sub-section (4).

Example 3:

Scenario: Anil, a 40-year-old man, is accused of a non-bailable offence of kidnapping under Chapter VI of the Bharatiya Nyaya Sanhita, 2023. He is detained by the police.

Application of the Act:

1. Initial Arrest and Bail Consideration: Anil is brought before a Magistrate. The Magistrate considers whether Anil can be released on bail.
2. Grounds for Denial: The Magistrate finds that Anil has no previous convictions and there are no reasonable grounds to believe he committed an offence punishable with death or life imprisonment. Therefore, Anil is eligible for bail under sub-section (1).
3. Conditions Imposed: The Magistrate imposes conditions under sub-section (3), such as:
   • Anil must attend all court hearings.
   • Anil must not commit any similar offence.
   • Anil must not tamper with evidence or influence witnesses.
4. Recording Reasons: The Magistrate records the reasons for granting bail in writing as required by sub-section (4).

Example 4:

Scenario: Sunita, a 50-year-old woman, is accused of a non-bailable offence of cheating 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: Sunita is brought before a Magistrate. The Magistrate considers whether Sunita can be released on bail.
2. Grounds for Denial: The Magistrate finds that Sunita has a previous conviction for a similar offence punishable with imprisonment for seven years. Therefore, under clause (ii) of sub-section (1), Sunita should not be released on bail.
3. Special Consideration: However, Sunita's lawyer argues that Sunita is a woman and has no other criminal record. The Magistrate, considering Sunita's gender and lack of other criminal history, decides to release her on bail under the first proviso of sub-section (1).
4. Conditions Imposed: The Magistrate imposes conditions under sub-section (3), such as:
   • Sunita must attend all court hearings.
   • Sunita must not commit any similar offence.
   • Sunita 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).