(1) When any person other than a person accused of a non- bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a bond for his appearance as hereinafter provided. Explanation.—Where a person is unable to give bail bond within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso: Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 135 or section 492. (2) Notwithstanding anything in sub-section (1), where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond or bail bond to pay the penalty thereof under section 491.
Bharatiya Nagarik Suraksha Sanhita
Section 478
In what cases bail to be taken
⚡ Quick Answer Reference: Section 478 BNSS
- Provision: Section 478 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO BAIL AND BONDS
- Jurisdiction: India
- Summary: This section explains when a person can be released on bail, except for non-bailable offenses. It also provides for the discharge of indigent persons on executing a bond for appearance.
What does Section 478 of BNSS say?
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What does Section 478 of BNSS mean?
Plain English Explanation
This section explains when a person can be released on bail, except for non-bailable offenses. It also provides for the discharge of indigent persons on executing a bond for appearance.
Practical Interpretation
In practice, this section ensures that individuals who are not accused of serious crimes are given the opportunity to be released on bail, promoting fairness and justice in the legal process.
Core Legal Purpose
The core purpose of this section is to balance the need to ensure the accused appears in court with the principle of liberty, by providing a framework for granting bail to those who are not a flight risk or a danger to society.
- •The person must not be accused of a non-bailable offence.
- •The person must be prepared to give bail at any time while in custody or during court proceedings.
- •The key legal test is whether the person is indigent and unable to furnish surety, in which case they may be discharged on executing a bond for appearance.
- •A key exception is when the person has failed to comply with the conditions of a previous bond or bail bond, in which case the court may refuse to release them on bail.
Practical Example of Section 478 BNSS
Rajesh is arrested for a bailable offence and is brought before the court. Since he is prepared to give bail and is not accused of a non-bailable offence, he is released on bail. However, if Rajesh fails to appear in court as required by the bail conditions, the court may refuse to release him on bail if he is arrested again for the same offence.
Frequently Asked Questions about Section 478 BNSS
Q: What is the punishment or consequence under Section 478 of BNSS?
There is no direct punishment under this section, as it deals with the provision of bail. However, if a person fails to comply with the conditions of the bail bond, they may be required to pay a penalty under section 491.
Q: Does this section apply to private individuals or public entities?
This section applies to individuals who are accused of crimes, regardless of whether they are private individuals or public entities. However, the provision for indigent persons suggests that it is primarily intended to protect the rights of individual accused persons who may not have the means to furnish surety.
Q: Is an offence under this section bailable or cognizable?
This section does not create a new offence, but rather deals with the provision of bail for existing offences. The bailability or cognizability of an offence is determined by the underlying offence, not by this section.
Common Questions about Section 478 BNSS
What is Section 478 of BNSS?
Section 478 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "In what cases bail to be taken". In plain terms: This section explains when a person can be released on bail, except for non-bailable offenses. It also provides for the discharge of indigent persons on executing a bond for appearance.
What is the punishment under Section 478 of BNSS?
Section 478 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 478 of BNSS bailable or non-bailable?
Whether Section 478 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 478 of BNSS?
The essential elements of Section 478 of BNSS are: The person must not be accused of a non-bailable offence.; The person must be prepared to give bail at any time while in custody or during court proceedings.; The key legal test is whether the person is indigent and unable to furnish surety, in which case they may be discharged on executing a bond for appearance..
What is the IPC equivalent of Section 478 of BNS?
Section 478 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 436 of the old Indian Penal Code (IPC). Bailable offences: Bail as of right. Identical.
⚠️ Material Change: Bailable offences: Bail as of right. Identical.
View Old Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 478 BNSS
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