Supreme Court · 2022
Satender Kumar Antil v. CBI
(2022) 10 SCC 51
Bail is the rule and jail the exception; sets out categories and timelines courts must follow on bail applications.
2-judge bench
BNSS § 483 · Procedure · In force since 1 July 2024
Section 483 BNSS — Bail by the High Court or Court of Session
The old Section 439 CrPC. Sessions Courts and High Courts use it to grant regular bail, and to set aside or change conditions a Magistrate imposed.
Text checked against the Gazette, 9 Oct 2026 — advocate review pendingUpdated 9 Oct 2026Text: Bharatiya Nagarik Suraksha Sanhita, 2023
In short
- Replaces
- CrPC 439 — same powers, cross-references renumbered
- Who uses it
- An accused in custody, before the Sessions Court or High Court
- Format
- Regular bail application
- Which law applies
- Pending on 30 June 2024 → CrPC 439. Filed from 1 July → BNSS 483 in most High Courts.
The 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.
Sub-section (1) carries two provisos on notice to the Public Prosecutor; sub-section (2) requires the informant’s presence in bail hearings under BNS s. 65 and s. 70(2); sub-section (3) allows re-arrest and custody of a person released on bail.
Source: Official BNSS Gazette text. BNSS First Schedule and savings provision. NCRB old-to-new section table.
Steps in practice
- 1
File in the Sessions Court
Use the regular bail format. Annex the FIR, the arrest memo and any order refusing bail.
- 2
Notice to the Public Prosecutor
Needed before bail in offences triable exclusively by the Court of Session or punishable with life imprisonment, unless the court records in writing why it is not practicable. For BNS s. 65 and s. 70(2), the notice must be given within fifteen days of receiving notice of the application.
- 3
Informant present in some cases
For offences under BNS s. 65 and s. 70(2), the presence of the informant or a person they authorise is obligatory at the bail hearing (s. 483(2)).
- 4
Order and conditions
The court may impose the conditions in s. 480(3): attendance, no tampering, no repeat offence, and others it thinks fit.
- 5
Refused? Go to the High Court
Same section, same format. Change the court heading and annex the Sessions Court’s order.
What changed from CrPC 439
Powers
Grant bail; set aside or modify a Magistrate’s conditions.
BNSS 483(1)No change
Same.
Cross-reference
s. 437(3) CrPC for conditions.
BNSS 480(3)Renumbered
s. 480(3) BNSS for conditions.
Informant presence
s. 439(1A) CrPC — for IPC 376(3), 376AB, 376DA and 376DB.
BNSS 483(2)Renumbered
BNS s. 65 and s. 70(2).
Which law applies
Procedure follows the proceeding, not the offence
CrPC 439
Application already pending on 30 June 2024.
BNSS 483
Application filed on or after 1 July 2024 — in most High Courts, even if the FIR is older.
BNSS s. 531(2)(a) saves only proceedings pending on 30 June 2024. Most High Courts (Delhi, Punjab & Haryana, Meghalaya, J&K, Bombay) treat a bail application filed after 1 July as a new proceeding under the BNSS, even for an older FIR; Rajasthan High Court has tied it to the FIR date. Check your High Court before filing.
Rulings bail hearings turn on
Supreme Court · 1977
Gudikanti Narasimhulu v. Public Prosecutor
(1978) 1 SCC 240
Bail decides personal liberty; the court weighs the charge, the evidence, and the risk of absconding or tampering — not punishment in advance.
Chamber judgment
Supreme Court · 2011
Sanjay Chandra v. CBI
(2012) 1 SCC 40
Bail is not to be refused as punishment; the seriousness of an economic charge alone does not justify continued custody.
2-judge bench
Other bail sections
BNSS 480
Bail by a Magistrate
was CrPC 437
BNSS 482
Anticipatory bail
was CrPC 438
Read § 482 →BNSS 479
Maximum detention of an undertrial
was CrPC 436A
BNSS 187(3)
Default bail
was CrPC 167(2)
Questions advocates ask
Is Section 483 BNSS the same as Section 439 CrPC?
In substance, yes. The powers are the same; the cross-references now point to BNSS and BNS numbers.
Can I go straight to the High Court under 483?
The power is concurrent, but High Courts usually expect the Sessions Court to be approached first unless there is a special reason. The Supreme Court has been examining this question — check the current position before filing directly.
Which section do I cite for a 2023 FIR?
Most High Courts treat a bail application filed on or after 1 July 2024 as a new proceeding under BNSS 483, even for an older FIR; s. 531(2)(a) itself saves only proceedings already pending. Rajasthan High Court has read it by the FIR date, so check your High Court first.