Section 478 BNSS: In What Cases Bail to Be Taken

Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with release on bail where a person is not accused of a non-bailable offence. It also protects an indigent person who cannot furnish surety and permits release on a personal bond in the circumstances stated in the section.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force on 1 July 2024, subject to the notified exception concerning the entry relating to Section 106(2) in the First Schedule.

Text of Section 478 BNSS

478. In what cases bail to be taken.

(1) When any person other than a person accused of a 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, 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 492.

(2) Notwithstanding anything in sub-section (1), where a person has failed to comply with the conditions of the bond or 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 or bail bond to pay the penalty thereof under section 491.

Meaning and Scope of Section 478

The provision applies where the person is not accused of a non-bailable offence. If the person is in police custody, appears before a Court, or is brought before a Court and is prepared to furnish bail, the statutory rule is that the person shall be released on bail, subject to the qualifications contained in the section.

The section also reduces the risk that inability to arrange a surety will by itself keep an indigent person in custody. Where the person is indigent and unable to furnish surety, the officer or Court must permit release on execution of a bond for appearance. If a bail bond cannot be furnished within one week from arrest, that circumstance is sufficient ground to presume indigence for the purpose of the proviso.

Important Definitions Under Section 2 BNSS

Bail Release of a person accused of or suspected of commission of an offence from lawful custody upon conditions imposed by an officer or Court and execution of a bond or bail bond.

Bailable offence An offence shown as bailable in the First Schedule, or made bailable by any other law in force. Any other offence is a non-bailable offence.

Bail bond An undertaking for release with surety.

Bond A personal bond or undertaking for release without surety.

Key Points to Remember

Section 478 is located in Chapter XXXV of the BNSS, dealing with bail and bonds.
For a person covered by sub-section (1), release on bail is expressed in mandatory terms when the person is prepared to give bail.
An indigent person who cannot furnish surety may be released on a personal bond.
Failure to furnish a bail bond within one week of arrest is sufficient ground to presume indigence for the purpose of the first proviso.
The provision expressly preserves Section 135(3) and Section 492 BNSS.
If the person previously violated the conditions of the bond or bail bond concerning time and place of attendance, the Court may refuse bail on a subsequent appearance or production in the same case.
Such refusal does not prevent action for penalty on the bond under Section 491 BNSS.

Related BNSS Provisions

Section 478 should be read with the connected provisions in Chapter XXXV. The immediately following provisions include Section 479 on the maximum period for which an under-trial prisoner can be detained and Section 480 on bail in non-bailable offences.

Practical Effect

In practice, Section 478 distinguishes cases in which bail is ordinarily available as a matter of statutory entitlement from cases involving non-bailable offences, which are dealt with separately. The provision is especially significant where detention continues only because an accused cannot arrange a surety, because the section recognizes release on bond for an indigent person.

Official Text and Verification

For the authoritative legislation and updates, refer to the official India Code page for the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs New Criminal Laws page.

Note: This article is intended for general legal information. Application of bail provisions depends on the facts of the case, the offence alleged, applicable special laws, and judicial orders.