Section 480 BNSS: When Bail May Be Taken in a Non-Bailable Offence
Bharatiya Nagarik Suraksha Sanhita, 2023 | Updated 12 September 2026
Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the grant of bail by a police officer or by a Court other than the High Court or Court of Session when a person is accused or suspected of a non-bailable offence. The provision lays down restrictions in serious cases, special considerations for certain persons, mandatory bail conditions in specified offences, recording of reasons, power to re-arrest, and a 60-day safeguard for certain Magistrate trials.
Meaning of Section 480 BNSS
A non-bailable offence does not mean that bail can never be granted. It means that release is not an automatic statutory right merely on offering bail. The competent police officer or Court must consider the statutory restrictions, the seriousness of the accusation, the material available, prior convictions where relevant, the likelihood of interference with the investigation or evidence, and the conditions necessary to secure the accused's appearance and the administration of justice.
- It applies when an accused or suspect in a non-bailable offence is arrested or detained without warrant, or appears or is brought before a Court other than the High Court or Court of Session.
- Bail is restricted where there are reasonable grounds to believe the person is guilty of an offence punishable with death or imprisonment for life.
- Additional restrictions apply to certain previously convicted persons in cognizable offences.
- A child, woman, sick or infirm person may receive statutory consideration under the proviso.
- In specified serious offences, the Court must impose attendance, non-repetition and non-tampering conditions.
- Reasons or special reasons for granting bail under sub-sections (1) or (2) must be recorded in writing.
- The Court can direct re-arrest and commit a person released under sub-sections (1) or (2) to custody where necessary.
- In certain Magistrate-triable cases, continued custody for 60 days from the first date fixed for evidence may trigger release on bail unless reasons are recorded for refusing it.
Text and Structure of Section 480
Section 480(1): General power and restrictions
Where a person accused or suspected of a non-bailable offence is arrested or detained without warrant by the officer in charge of a police station, or appears or is brought before a Court other than the High Court or Court of Session, the person may be released on bail subject to the statutory restrictions.
Bail is not to be granted under this sub-section where there appear reasonable grounds for believing that the person is guilty of an offence punishable with death or imprisonment for life. A further restriction applies in a cognizable offence where the accused has specified previous convictions of the kind described in Section 480(1)(ii).
The Court may nevertheless consider release of a child, woman, sick or infirm person covered by the proviso, and may also grant bail to a person falling under clause (ii) for another special reason where it is just and proper to do so.
Identification by witnesses during investigation, or a possible requirement for police custody beyond the first fifteen days, is not by itself sufficient to refuse bail where the accused is otherwise entitled to release and gives the required undertaking.
Where the alleged offence is punishable with death, imprisonment for life, or imprisonment for seven years or more, the Court must give the Public Prosecutor an opportunity of hearing before granting bail under this sub-section.
Section 480(2): Further inquiry and release
If, at any stage of investigation, inquiry or trial, there are not reasonable grounds for believing that the accused committed a non-bailable offence but there are sufficient grounds for further inquiry into guilt, the accused is to be released subject to Section 492 and pending that inquiry, either on bail or, at the discretion of the officer or Court, on execution of a bond for appearance.
Section 480(3): Mandatory conditions in specified cases
Where a person accused or suspected of an offence punishable with imprisonment which may extend to seven years or more, or of an offence under Chapter VI, Chapter VII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, or of abetment, conspiracy or attempt relating to such offence, is released on bail under sub-section (1), the Court must impose statutory conditions.
These include attending in accordance with the bond, not committing a similar offence, and not directly or indirectly inducing, threatening or promising a person acquainted with the facts so as to prevent disclosure to the Court or police, or tampering with evidence. The Court may impose other conditions necessary in the interests of justice.
Section 480(4): Reasons must be recorded
An officer or Court releasing a person on bail under sub-section (1) or sub-section (2) must record in writing the reasons or special reasons for doing so.
Section 480(5): Re-arrest after release
A Court which has released a person on bail under sub-section (1) or sub-section (2) may, where it considers it necessary, direct that the person be arrested and committed to custody.
Section 480(6): 60-day rule in Magistrate trials
In a case triable by a Magistrate, if the trial of a person accused of a non-bailable offence is not concluded within 60 days from the first date fixed for taking evidence, and the accused has remained in custody throughout that period, the accused is to be released on bail to the satisfaction of the Magistrate unless the Magistrate records reasons in writing for directing otherwise.
Section 480(7): Release after trial but before judgment
After conclusion of the trial and before judgment is delivered, if the Court considers that there are reasonable grounds for believing that the accused is not guilty of the non-bailable offence, the Court must release the accused, if in custody, on a bond to appear for delivery of judgment.
Who Can Grant Bail Under Section 480?
Section 480 operates at the level of the officer in charge of a police station and Courts other than the High Court or Court of Session, subject to the limits stated in the provision. The special bail powers of the High Court and Court of Session are dealt with separately under Section 483 BNSS.
When Bail Is Restricted
| Situation | Effect under Section 480 |
|---|---|
| Reasonable grounds to believe guilt for an offence punishable with death or imprisonment for life | Ordinary release under Section 480(1) is restricted, subject to the statutory provisos. |
| Specified prior convictions in a cognizable offence | Section 480(1)(ii) imposes an additional restriction, subject to the stated exceptions. |
| Child, woman, sick or infirm person | The proviso expressly permits the Court to consider release even where clause (i) or clause (ii) applies. |
| Offence punishable with death, life imprisonment or seven years or more | Opportunity of hearing must be given to the Public Prosecutor before release under Section 480(1). |
Mandatory Bail Conditions Under Section 480(3)
In the categories covered by sub-section (3), conditions are not merely optional. The Court must require the accused to attend as required by the bond, refrain from committing a similar offence, and avoid influencing witnesses or tampering with evidence. Depending on the case, additional proportionate conditions may be imposed in the interests of justice.
Section 480(6): Bail Where Magistrate Trial Is Not Concluded Within 60 Days
Sub-section (6) creates a specific safeguard for an accused in continuous custody in a non-bailable case triable by a Magistrate. The 60-day period runs from the first date fixed for taking evidence, not from the date of arrest. If the trial remains unfinished at the end of that period, release on bail is the statutory rule, subject to the Magistrate's power to record written reasons for directing otherwise.
Difference Between Sections 479, 480, 482 and 483 BNSS
| Provision | Subject |
|---|---|
| Section 479 BNSS | Maximum period for which an undertrial prisoner can be detained. |
| Section 480 BNSS | Regular bail in non-bailable offences before the police officer or a Court other than the High Court or Court of Session, subject to the provision. |
| Section 482 BNSS | Direction for grant of bail to a person apprehending arrest, commonly referred to as anticipatory bail. |
| Section 483 BNSS | Special powers of the High Court or Court of Session regarding bail. |
Practical Points for a Section 480 Bail Application
A bail application should ordinarily address the exact accusation, maximum punishment, stage of investigation or trial, custody period, criminal antecedents if any, possibility of absconding, likelihood of influencing witnesses or tampering with evidence, need for further custodial interrogation, and willingness to comply with appropriate conditions. Where sub-section (6) is invoked, the dates relating to the first date fixed for evidence and continuous custody should be stated clearly.
Related BNSS Provisions
For the authoritative text, consult the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code or the Ministry of Home Affairs New Criminal Laws page. The explanatory material on this page is intended to make the provision easier to understand and should be read with the statutory text and applicable judicial decisions.