(1) A High Court or Court of Session may direct,— (a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 480, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; (b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice: Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application. (2) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023. (3) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.
Bharatiya Nagarik Suraksha Sanhita
Section 483
Special powers of High Court or Court of Session regarding bail
⚡ Quick Answer Reference: Section 483 BNSS
- Provision: Section 483 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO BAIL AND BONDS
- Jurisdiction: India
- Summary: This section gives High Courts and Courts of Session special powers regarding bail, including directing the release of accused persons and setting conditions.
What does Section 483 of BNSS say?
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What does Section 483 of BNSS mean?
Plain English Explanation
This section gives High Courts and Courts of Session special powers regarding bail, including directing the release of accused persons and setting conditions.
Practical Interpretation
In practice, this section allows higher courts to intervene in bail decisions, ensuring that the legal process is fair and just, particularly in serious or complex cases.
Core Legal Purpose
The core purpose is to provide a legal framework for higher courts to manage bail decisions, balancing the rights of the accused with the need to ensure public safety and the integrity of the legal process.
- •The High Court or Court of Session must consider the nature of the offence and the conditions necessary for granting bail.
- •The court has the power to set aside or modify conditions imposed by a Magistrate.
- •The court must give notice to the Public Prosecutor before granting bail in certain cases.
- •The presence of the informant or their representative is obligatory in specific cases.
Practical Example of Section 483 BNSS
For instance, if Rajesh is accused of a serious offence and is in custody, the High Court may direct his release on bail with certain conditions, such as regular appearances before the court or surrender of his passport. The court must consider the nature of the offence and ensure that the conditions are necessary and reasonable.
Frequently Asked Questions about Section 483 BNSS
Q: What is the punishment or consequence under Section 483 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to individuals accused of offences, regardless of whether they are private individuals or associated with public entities.
Q: Is an offence under this section bailable or cognizable?
This section deals with the procedural aspects of bail and does not classify offences as bailable or cognizable.
Common Questions about Section 483 BNSS
What is Section 483 of BNSS?
Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Special powers of High Court or Court of Session regarding bail". In plain terms: This section gives High Courts and Courts of Session special powers regarding bail, including directing the release of accused persons and setting conditions.
What is the punishment under Section 483 of BNSS?
Section 483 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 483 of BNSS bailable or non-bailable?
Whether Section 483 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 483 of BNSS?
The essential elements of Section 483 of BNSS are: The High Court or Court of Session must consider the nature of the offence and the conditions necessary for granting bail.; The court has the power to set aside or modify conditions imposed by a Magistrate.; The court must give notice to the Public Prosecutor before granting bail in certain cases..
What is the IPC equivalent of Section 483 of BNS?
Section 483 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 439 of the old Indian Penal Code (IPC). Session court bail powers: Identical.
⚠️ Material Change: Session court bail powers: Identical.
View Old Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 483 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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