eMunshiFor citizens
Old law lookup

CrPC Section 439

Bail by High Court / Court of Session

New section under BNSS

BNSS Section 483— Special powers of High Court or Court of Session regarding bail.

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

The High Court or Court of Session has special powers to direct release on bail of any accused in custody, to set aside or modify conditions imposed by a Magistrate, and to re-arrest any person already released on bail under this Chapter. Before granting bail in sessions-triable or life-imprisonment offences, notice must be given to the Public Prosecutor; for offences under BNS s.65 or s.70(2), notice must be given within fifteen days and the informant or authorised person must be present at the hearing.

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.