In what cases bail to be taken.
What this section does
Any person accused of a bailable offence who is arrested or detained without warrant, or appears before a Court, and is prepared to give bail, shall be released on bail. If the person is indigent and unable to furnish surety, the officer or Court may discharge him on a personal bond. A person who fails to comply with bond conditions may be refused bail on a subsequent occasion in the same case.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Officer in charge of police station · Court · Accused/Detained person
- Time limit
- Inability to give bail within one week of arrest raises a presumption of indigency
- CRPC Section 436 — In what cases bail to be taken (bailable offences)
Read the official text
For the binding statutory text of BNSS Section 478, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 478 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.