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Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXV: Provisions As to Bail and Bonds

Section 483: Special powers of High Court or Court of Session regarding bail

Earlier law: CrPC section 439 (Special powers of High Court or Court of Session regarding bail)

In plain words

The High Court or Court of Session can grant bail to any accused in custody, with necessary conditions, and can set aside or change conditions imposed by a Magistrate. It can also cancel bail and order the person's arrest.

  • For offences triable only by a Court of Session or punishable with imprisonment for life, the Public Prosecutor must be given notice, unless not practicable for recorded reasons.
  • For offences under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023, notice must go to the Public Prosecutor within fifteen days, and the informant or their representative must be present at the bail hearing.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 483