CrPC § 439 · Repealed 1 July 2024
CrPC 439 is now Section 483 of the BNSS.
Same power to grant bail and change a Magistrate’s conditions. In most High Courts, what matters is when your application was filed — not when the FIR was.
In short
- Now
- Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023
- Changed
- Cross-references only — 437(3) is now 480(3)
- Format
- Regular bail application, in BNSS numbering
- Which law applies
- Pending on 30 June 2024 → CrPC 439. Filed from 1 July → BNSS 483 in most High Courts.
Which section do I cite?
CrPC 439
Your bail application was already pending on 30 June 2024.
BNSS 483
You are filing on or after 1 July 2024 — in most High Courts, even for a 2023 FIR.
Offences are judged by the date of the offence (IPC or BNS). For procedure, s. 531(2)(a) BNSS saves only what was pending on 30 June 2024; most High Courts apply the BNSS to applications filed later, but Rajasthan High Court has tied it to the FIR date. Check your High Court.
Convert any other CrPC section to its BNSS number
The old text
Code of Criminal Procedure, 1973 — s. 439 · Repealed · still applies to pending matters
439. Special powers of High Court or Court of Session regarding bail.
(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 437, 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.
Other CrPC numbers in a bail matter
| CrPC | What it covers | BNSS |
|---|---|---|
| 41A | Notice of appearance before police | 35(3) |
| 167(2) | Default bail | 187(3) |
| 436 | Bail in bailable offences | 478 |
| 436A | Maximum detention of an undertrial | 479 |
| 437 | Bail by a Magistrate | 480 |
| 438 | Anticipatory bail | 482 |
| 482 | Inherent powers of the High Court | 528 |
Mapping: Ministry of Home Affairs / NCRB correspondence table.