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CrPC Section 437

Bail in non-bailable cases (Magistrate)

New section under BNSS

BNSS Section 480— When bail may be taken in case of non-bailable offence.

Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the CrPC.

What the new 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.

For the full text of the new section, see the linked BNSS page above. For the binding statutory text, refer to the India Code or the Gazette of India. This reference is informational, not legal advice.