When bail may be taken in case of non-bailable offence.
What this section does
A person accused of a non-bailable offence may be released on bail by a Court other than the High Court or Sessions Court, subject to restrictions: bail shall not ordinarily be granted where there are reasonable grounds to believe guilt of a death/life imprisonment offence, or where the accused is a repeat offender of specified categories. Mandatory conditions must be imposed when bail is granted for offences punishable with seven or more years. If trial before a Magistrate is not concluded within 60 days from the first date for taking evidence, the accused in custody shall be released on bail unless the Magistrate records reasons to the contrary.
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 · Magistrate · Public Prosecutor · Accused
- Time limit
- 60 days from first date fixed for taking evidence in Magistrate trial; 15 days for police custody identification purposes
Practitioner note
The Supreme Court in Satender Kumar Antil v. CBI (2022) 10 SCC 51 issued comprehensive directions on bail under the equivalent CrPC provision, emphasising that bail is the rule and jail the exception, and directing Courts to consider default bail applications promptly.
- CRPC Section 437 — Bail in non-bailable cases (Magistrate)
Read the official text
For the binding statutory text of BNSS Section 480, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 480 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.