Section 480(3) of BNSS

Source: Supreme Court 

 Why in News? 

A bench of the Supreme Court of India comprising Justice J.K. Maheshwari and Justice Atul S. Chandurkar, in the case of Narayan v. State of Madhya Pradesh (2026), held that the conditions prescribed under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) are not imposable in cases involving non-bailable offences punishable with imprisonment of less than seven years.  

• The Court set aside the order of the Indore Bench of the Madhya Pradesh High Court, which had cancelled the appellant's bail solely on the ground of alleged violation of conditions that ought never to have been imposed. 

What was the Background of Narayan v. State of Madhya Pradesh (2026) Case? 

• A case was registered against the appellant under the Madhya Pradesh Excise Act, 1915 (MP Excise Act) for allegedly possessing illicit liquor — an offence carrying a maximum sentence of three years' imprisonment and being non-bailable in nature. 
• The Madhya Pradesh High Court (Indore Bench) granted bail to the appellant under Section 480 of the BNSS, which governs grant of bail in non-bailable cases. However, while granting bail, the High Court imposed conditions prescribed under Section 480(3) of the BNSS. 
• Subsequently, the State filed an application for cancellation of bail before the High Court, contending that the appellant had misused his liberty by again being found in possession of 72 bulk litres of unauthorised liquor — an offence similar to the one for which he had been granted bail. 
• The High Court cancelled the bail, holding that the appellant had violated the bail conditions and displayed a propensity to commit the crime.  
• Aggrieved by this order, the appellant approached the Supreme Court, arguing that conditions under Section 480(3) BNSS were inapplicable to an offence punishable with only three years' imprisonment, and therefore no question of their violation could arise. 

What were the Court's Observations? 

The Court made the following key observations: 

Section 480(3) BNSS Conditions Are Not Applicable to Offences Punishable Below Seven Years: 

• The conditions under Section 480(3) BNSS can only be imposed when the accused is charged with a non-bailable offence punishable with imprisonment for not less than seven years, or with offences under Chapter VI, VII, or XVII of the BNSS, or for abetment of, conspiracy in, or attempt to commit such offences. 
• Since the offence under the MP Excise Act carries a maximum sentence of three years, Section 480(3) conditions were wholly inapplicable and ought not to have been imposed by the High Court. 

Bail Cancellation on Ground of Violation of Inapplicable Conditions Is Unsustainable: 

• Since the conditions under Section 480(3) BNSS could not have been validly imposed in the first place, no question of their violation could arise so as to justify cancellation of bail. 
• The High Court therefore erred in cancelling bail solely on the ground of the appellant's involvement in a subsequent offence punishable with less than five years. 

Accordingly, the appeal was allowed, and the High Court's bail cancellation order was set aside. 

What is Section 480 of the BNSS? 

Section 480 of BNSS - When bail may be taken in case of non-bailable offence. 

(Earlier this was covered under Section 437 of CrPC).  

Sub-section (1) — General Power to Grant Bail: 

• Any person accused/suspected of a non-bailable offence, arrested without warrant or brought before a court (other than High Court or Sessions Court), may be released on bail. 
• Bail shall NOT be granted if:  
• There are reasonable grounds to believe the person is guilty of an offence punishable with death or life imprisonment (clause i), or 
• The offence is cognizable AND the person was previously convicted of an offence punishable with death, life, or 7+ years, or convicted on two or more occasions of a cognizable offence punishable with 3–7 years (clause ii). 
• Exceptions (Provisos):  
• A child, woman, or sick/infirm person falling under clause (i) or (ii) may be granted bail. 
• Bail may be granted under clause (ii) for any other special reason if the court deems it just and proper. 
• Requirement of identification by witnesses or police custody beyond 15 days alone is not sufficient ground to refuse bail, provided the accused gives an undertaking to comply with court directions. 
• For offences punishable with death, life, or 7+ years — bail cannot be granted without giving the Public Prosecutor an opportunity of hearing. 

Sub-section (2) — Bail Pending Further Inquiry: 

• If at any stage of investigation, inquiry, or trial, the court/officer finds no reasonable grounds to believe the accused committed a non-bailable offence but finds sufficient grounds for further inquiry, the accused shall be released on bail or on a bond, subject to Section 492 BNSS. 

Sub-section (3) — Mandatory Conditions for Serious Offences: 

• When bail is granted under sub-section (1) for offences punishable with 7 years or more, or offences under Chapter VI, VII, or XVII of BNS, or abetment/conspiracy/attempt of such offences — the Court shall impose the following conditions:  
• (a) Attendance in accordance with bond conditions. 
• (b) No commission of a similar offence. 
• (c) No inducement, threat, or promise to any person acquainted with facts of the case; no tampering with evidence. 
• Additionally, the court may impose any other conditions in the interest of justice. 
• Key Note: These conditions are not applicable to offences punishable with less than 7 years.  

Sub-section (4) — Recording of Reasons: 

• Any officer or court releasing a person on bail under sub-sections (1) or (2) must record reasons or special reasons in writing. 

Sub-section (5) — Power to Cancel Bail: 

• A court that released a person on bail under sub-sections (1) or (2) may, if necessary, direct the re-arrest and custody of such person. 

Sub-section (6) — Bail on Delay in Trial: 

• In a Magistrate-triable case, if the trial of a non-bailable offence accused is not concluded within 60 days from the first date fixed for taking evidence, and the accused has been in custody throughout, he shall be released on bail, unless the Magistrate records reasons in writing to the contrary. 

Sub-section (7) — Bail After Trial, Before Judgment: 

• If, after conclusion of trial and before delivery of judgment, the court believes there are reasonable grounds that the accused is not guilty, it shall release the accused on a bond to appear and hear the judgment.