Introduction
Section 480 of the BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) details the circumstances under which a regular bail may be granted, emphasizing the balance between individual rights and the need to ensure public safety and justice.
Key Provisions of Section 480 BNSS:
1. Bail Eligibility:
- Individuals accused of non-bailable offences can be granted bail, except under certain conditions.
- Bail may be denied if there are reasonable grounds to believe the accused has committed an offence punishable by death or life imprisonment.
2. Cognizable Offences and Previous Convictions:
- Bail may be denied if the accused has a previous conviction for certain offences, highlighting the seriousness of the allegations.
- Exceptions are made for children, women, or those who are sick or infirm.
3. Special Reasons for Bail:
- The court can, under special circumstances, direct bail even if the conditions of sub-section 1 are met, providing flexibility in the interest of justice.
4. Witness Identification:
- Bail cannot be refused solely based on the need for the accused's identification by witnesses during the investigation.
- An undertaking to comply with court directions can be a crucial factor in granting bail.
5. Public Prosecutor's Involvement:
- If the offence is punishable by death, life imprisonment, or seven years or more, the accused cannot be released on bail without giving an opportunity for the Public Prosecutor to be heard.
6. Insufficient Grounds for Non-Bailable Offence:
- If, during any stage of the investigation or trial, there are insufficient grounds for believing the accused committed a non-bailable offence, bail may be granted.
7. Imposition of Conditions:
- Conditions for bail include attendance as per the bond, refraining from similar offences, and not influencing witnesses or tampering with evidence.
- The court may impose additional conditions in the interest of justice.
8. Recording Reasons:
- Officers or courts releasing individuals on bail must record reasons or special reasons in writing for their decision, promoting transparency.
9. Re-arrest and Custody:
- The court has the authority to re-arrest and commit an individual to custody if deemed necessary after being released on bail.
10. Time-bound Release:
- If the trial is not concluded within 60 days for a Magistrate's trial, the accused must be released on bail, unless specified otherwise.
11. Post-trial Release:
- If, after the trial, the court believes there are reasonable grounds to believe the accused is not guilty, they shall release the accused on the execution of a bond without sureties.
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Frequently Asked Questions (FAQs) on Regular Bail under Section 480 of BNSS:
Q1: Under what circumstances can regular bail be granted under Section 480 of the BNSS?
A1: Regular bail may be granted when individuals accused of non-bailable offences meet certain conditions, balancing individual rights with the imperative of public safety and justice.
Q2: What factors can lead to the denial of bail?
A2: Bail may be denied if there are reasonable grounds to believe the accused has committed an offence punishable by death or life imprisonment. Additionally, a previous conviction for specific offences can result in bail denial, except for certain exceptions.
Q3: Are there provisions for special circumstances in granting bail?
A3: Yes, the court can, under special circumstances, direct bail even if the usual conditions for denial are met, providing flexibility in the interest of justice.
Q4: How does the identification of the accused by witnesses impact bail decisions?
A4: Bail cannot be refused solely based on the need for the accused's identification by witnesses during the investigation. An undertaking to comply with court directions is essential for bail consideration.
Q5: What role does the Public Prosecutor play in the bail process?
A5: If the offence is punishable by death, life imprisonment, or seven years or more, the accused cannot be released on bail without giving an opportunity for the Public Prosecutor to be heard, ensuring a balanced legal process.
Q6: Can bail be granted if there are insufficient grounds for a non-bailable offence?
A6: Yes, if at any stage of the investigation or trial there are insufficient grounds for believing the accused committed a non-bailable offence, bail may be granted.
Q7: What conditions can be imposed upon the release of an accused on bail?
A7: Conditions may include attendance as per the bond, refraining from similar offences, and not influencing witnesses or tampering with evidence. The court may also impose additional conditions in the interest of justice.
Q8: Why is it important for officers or courts to record reasons for bail decisions?
A8: Recording reasons in writing promotes transparency in the bail process, ensuring accountability for the decisions made.
Q9: Can an individual be re-arrested after being released on bail?
A9: Yes, the court has the authority to re-arrest and commit an individual to custody if deemed necessary after being released on bail.
Q10: Is there a time limit for concluding the trial for a person in custody?
A10: Yes, if the trial of a person accused of any non-bailable offence is not concluded within 60 days, they must be released on bail unless specified otherwise.
Q11: What happens if the court believes the accused is not guilty after the trial?
A11: If, after the trial, the court believes there are reasonable grounds to believe the accused is not guilty, they shall release the accused on the execution of a bond without sureties.
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