Section 437 CrPC to Section 480 BNSS: Bail in Non-Bailable Offences (2026)

In India, Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced Section 437 of the Code of Criminal Procedure, 1973 (CrPC) from 1 July 2024 for police and Magistrate bail in non-bailable offences. Both bars carry over; the proviso now covers "a child" (below eighteen, not sixteen), and a police-custody request beyond fifteen days cannot alone defeat bail.

At a glance

Old section	New section	Procedure in one line	Punishment	Cognizable / bailable / triable by	Change type
CrPC s.437	BNSS s.480	Release on bail of a person accused or suspected of a non-bailable offence, by an officer in charge of a police station or a court other than the High Court or Court of Session, subject to two bars (s.480(1)(i)–(ii)) and four provisos	None: procedural section	Not applicable (procedural). "Non-bailable offence" is any offence not shown as bailable in the First Schedule or made bailable by another law (BNSS s.2(1)(c))	Modified

What changed

Minor edit — opening words of sub-section (1). Who may release, and when, is the same. The CrPC text printed "Court of session" with a lower-case "s".
Identical — clause (i). No release "if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life".
Modified — clause (ii). The CrPC's second limb read "two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years" (words substituted by the CrPC (Amendment) Act, 2005 (Act 25 of 2005), s.37, w.e.f. 23 June 2006). Section 480(1)(ii) reads "but less than seven years". On a reading, the BNSS states a band from three years up to under seven; read literally, the CrPC words reached only offences of seven years or more, which the first limb already covers. No judgment on the phrase was read for this page.
Expanded — first proviso. "is under the age of sixteen years" becomes "is a child". The BNSS does not define "child"; s.2(2) BNSS adopts the Bharatiya Nyaya Sanhita, 2023 (BNS) meaning, and BNS s.2(3) says "'child' means any person below the age of eighteen years".
Identical — second proviso ("any other special reason", clause (ii) only).
Expanded — third proviso. "required for being identified by witnesses during investigation" becomes "… during investigation or for police custody beyond the first fifteen days". The undertaking requirement is unchanged.
Identical — fourth proviso. No release by the Court without "an opportunity of hearing to the Public Prosecutor" in offences punishable with death, life or seven years or more (inserted by Act 25 of 2005, s.37).
Minor edit — sub-section (2). "subject to the provisions of section 446A" becomes "section 492"; "a bond without sureties" becomes "a bond". BNSS s.2(1)(e) defines "bond" as "a personal bond or an undertaking for release without surety", so on a reading the substance is unchanged.
Minor edit — sub-section (3). IPC Chapters VI, XVI and XVII become BNS Chapters VI, VII and XVII; the CrPC's "abatement" (as printed) becomes "abetment"; clauses (a) and (b) end in semicolons. "The Court shall impose the conditions" is identical and dates from Act 25 of 2005, s.37 (w.e.f. 23 June 2006) — not a BNSS change.
Identical — sub-sections (4), (5) and (6). Recorded "reasons or special reasons", re-arrest by the releasing Court, and the sixty-day rule.
Minor edit — sub-section (7). "a bond without sureties" becomes "a bond".
New — definitions. BNSS s.2(1)(b), (d) and (e) define "bail", "bail bond" ("an undertaking for release with surety") and "bond". The CrPC defined only "bailable offence" (s.2(a)).

Note the swap: IPC Chapter VI (offences against the State) and Chapter XVI (offences affecting the human body) are BNS Chapters VII and VI; Chapter XVII (property) is unchanged.

Statutory text (relevant extract)

Extract — Section 437(1), CrPC (sub-section (1) substituted by Act 63 of 1980, s.5):

… or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years:

Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm:

Extract — Section 480(1), BNSS (the same passages and the third proviso):

… or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but less than seven years:

Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is a child or is a woman or is sick or infirm: … Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation or for police custody beyond the first fifteen days shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court:

Extract — Section 480(3), BNSS (opening words):

When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter VII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 … is released on bail under sub-section (1), the Court shall impose the conditions,—

How it works — the steps

Is the offence non-bailable, and who decides? Check the BNSS First Schedule (s.2(1)(c)); bailable offences go under s.478. Section 480 binds the police and courts other than the High Court and Court of Session, which act under s.483.
Clause (i). If there appear reasonable grounds for believing the person guilty of an offence punishable with death or imprisonment for life, he "shall not be so released". Murder under BNS s.103(1) (death or life; Court of Session) is the plain case. Grievous hurt by dangerous weapons under BNS s.118(2) carries life or one to ten years and is triable by a Magistrate of the first class; Satender Kumar Antil (below) treats a Magistrate as able to consider bail in that kind of case.
Clause (ii). Applies only if the offence is cognizable and the person has a qualifying previous conviction (s.480(1)(ii)).
The provisos. A child, a woman, or a sick or infirm person may be released despite clause (i) or (ii); clause (ii) cases may be released for "any other special reason"; identification or police custody beyond fifteen days is not alone enough to refuse bail; and the Public Prosecutor must be heard in death, life and seven-years-plus offences.
Sub-section (2). If there are no reasonable grounds for believing the accused committed a non-bailable offence but sufficient grounds for further inquiry, he "shall" be released on bail or, at discretion, on a bond, subject to s.492.
Sub-section (3). Conditions (a) to (c) are mandatory for offences punishable with seven years or more and for BNS Chapters VI, VII and XVII. Cheating under BNS s.318(4) (up to seven years and fine) is caught on both counts.
Sub-sections (4) to (7). Reasons in writing; re-arrest by the releasing Court; release after sixty days from the first date fixed for evidence in a Magistrate's trial where the accused was in custody throughout; release on a bond after the trial and before judgment where there are reasonable grounds for believing him not guilty.

Worked example (the section has no illustrations). A woman accused of an offence punishable with life imprisonment, against whom reasonable grounds of guilt appear, falls within clause (i). The first proviso permits, but does not require, her release; the Public Prosecutor must be heard first, and if she is released sub-section (3) conditions and recorded reasons follow.

What this means in practice

For the accused and defence counsel. Address the specific bar: show no reasonable grounds under clause (i), or bring the accused within a proviso. A police request for custody beyond the first fifteen days is now answered by the third proviso, with an undertaking to comply with the Court's directions. Section 187(2) BNSS separately limits detention authorised under it, "in such custody as such Magistrate thinks fit", to fifteen days "in the whole, or in parts" within the initial forty or sixty days. For an accused aged sixteen or seventeen, the first proviso is newly available.
For the Public Prosecutor. Clauses (i) and (ii) remain the statutory grounds of opposition, and the fourth proviso gives a right to be heard. Cite BNS chapter numbers correctly: offences against the State are Chapter VII, offences affecting the human body Chapter VI.
For the investigating officer. An officer in charge of a police station may release under sub-section (1) or (2) but is bound by clause (i) and must record reasons (s.480(4)).
For the Magistrate. Sub-section (3) conditions are mandatory where they apply; in Sessions-only offences Prahlad Singh Bhati says the Magistrate may refer the accused to the higher court.
For the victim or informant. Section 480 gives the informant no hearing. The notice and informant-presence rules for BNS s.65 and s.70(2) offences sit in s.483.

Judgments that still matter

The operative words of s.480 repeat s.437 apart from the changes listed above. On a reading of the text, judgments construing the unchanged words remain relevant to s.480. None of the judgments below construes s.480 itself.

Gurcharan Singh & Ors. v. State (Delhi Administration), [1978] 2 S.C.R. 358 (1977 INSC 231), decided 6 December 1977. P.K. Goswami and V.D. Tulzapurkar JJ. explained the structure of s.437. Where the materials give reasonable grounds for believing the accused guilty of an offence punishable with death or life, the Magistrate "has no other option than to commit him to custody", subject to the first proviso. In other non-bailable cases, discretion is exercised in favour of bail, subject to sub-section (3). Listing "over-riding considerations" common to ss.437(1) and 439(1), it added: "There cannot be an inexorable formula in the matter of granting bail." No paragraph numbers in the reported text. Why it matters now: clause (i) and sub-section (3) are unchanged.

Moti Ram & Ors. v. State of M.P., [1979] 1 S.C.R. 335 (1978 INSC 143), decided 24 August 1978. V.R. Krishna Iyer J., for a two-judge bench, held that bail covers release on one's own bond with or without sureties, and directed release on the petitioner's own bond. He noted that s.437(2) "distinguishes between bail and bond without sureties" and that "A semantic smog overlays the provisions of bail in the Code". No paragraph numbers in the reported text. Why it matters now: on a reading, the BNSS addresses part of that ambiguity by defining "bail", "bail bond" and "bond" in s.2(1), and s.480(2) and (7) now use the defined term "bond".

Prahlad Singh Bhati v. N.C.T., Delhi and Anr., [2001] 2 S.C.R. 684, decided 23 March 2001. K.T. Thomas and R.P. Sethi JJ. (opinion by Sethi J.) set aside a Metropolitan Magistrate's grant of bail in a murder case. "Powers of the Magistrate, while dealing with the applications for grant of bail, are regulated by the punishment prescribed for the offence in which the bail is sought." The first proviso "is an enabling provision"; it does not mean the persons it lists "should necessarily be released on bail". In offences exclusively triable by the Court of Session, the Magistrate should ordinarily send the accused to that Court and, if he acts, must "specifically negativate" reasonable grounds for believing guilt. No paragraph numbers in the reported text. Why it matters now: each point turns on words s.480(1) repeats.

Satender Kumar Antil v. Central Bureau of Investigation & Anr., [2022] 10 S.C.R. 351 (2022 INSC 690), decided 11 July 2022. M.M. Sundresh J., for a bench with Sanjay Kishan Kaul J., said that under s.437 "bail is the rule" and the exception arises on the statutory bars (para 50), and that with women accused "the court is expected to show some sensitivity" (para 51). Reading the fourth proviso against clause (i): "Section 437(1)(i) operates in a different field. The object is to exclude the offense exclusively triable by the Court of Sessions." (para 53). A Magistrate with jurisdiction to try an offence carrying a maximum of life or death has ample jurisdiction to consider bail in it (para 55). The first proviso must also be applied by the Court of Session and the High Court: "There cannot be a divided application of proviso to Section 437, while exercising the power under Section 439." (para 58). Why it matters now: clause (i) is unchanged and the first proviso survives with a wider age limit.

Which law applies to your case

BNSS s.531(2)(a) provides that any "appeal, application, trial, inquiry or investigation" pending immediately before the BNSS came into force is disposed of under the CrPC "as if this Sanhita had not come into force". On a reading of that text, a s.437 application pending on 30 June 2024 continues under the CrPC; an application first made on or after 1 July 2024 is made under s.480. For an offence committed before that date, BNS s.358(2) provides that the repeal of the IPC does not affect any penalty or punishment incurred for it, which may be imposed "as if that Code had not been repealed"; on a reading, that bears on the chapter references in sub-section (3). See which law applies to an offence before 1 July 2024.

Frequently asked questions

Can a Magistrate grant bail in an offence punishable with death or life imprisonment? Section 480(1)(i) BNSS says the person shall not be released if there appear reasonable grounds for believing he has been guilty of an offence punishable with death or imprisonment for life. The first proviso still lets the Court release a child, a woman or a sick or infirm person. In Satender Kumar Antil v. CBI (2022 INSC 690, paras 53 and 55) the Supreme Court read clause (i) as aimed at offences exclusively triable by the Court of Session, and said a Magistrate who can try an offence carrying life imprisonment can consider bail in it.

Who is covered by the first proviso to Section 480(1) BNSS? The first proviso lets the Court direct release of a person caught by clause (i) or clause (ii) if that person is a child, a woman, or sick or infirm. Section 437 CrPC said a person under the age of sixteen years. The BNSS does not define child, so Section 2(2) BNSS borrows the BNS meaning in Section 2(3): any person below the age of eighteen years. The proviso is an enabling power, not an entitlement to bail.

Can bail be refused because the police want custody beyond fifteen days? Not on that ground alone. The third proviso to Section 480(1) BNSS says that the mere fact that the accused may be required for identification by witnesses, or for police custody beyond the first fifteen days, is not sufficient ground for refusing bail if he is otherwise entitled to it and gives an undertaking to comply with the Court's directions. The words on police custody are new; Section 437 CrPC mentioned identification only.

What conditions must be imposed under Section 480(3) BNSS? Where the offence is punishable with imprisonment which may extend to seven years or more, or falls under Chapter VI, VII or XVII of the BNS (or is abetment of, or conspiracy or attempt to commit, such an offence), the Court shall impose three conditions: attendance in accordance with the bond, no similar offence, and no inducement, threat or promise to witnesses or tampering with evidence. It may add other conditions in the interests of justice. The mandatory wording was already in Section 437(3) CrPC from 23 June 2006.

What is the difference between Section 480 and Section 483 BNSS? Section 480 applies to the police and to courts other than the High Court and Court of Session, and carries the clause (i) and (ii) bars. Section 483 gives the High Court and Court of Session a special power to release any accused person in custody, without those bars, subject to notice to the Public Prosecutor in the cases its provisos list. In Gurcharan Singh v. State (Delhi Administration) the Supreme Court said the higher courts still weigh the same considerations when exercising that wider power.

Which law applies to a bail application pending on 1 July 2024? Section 531(2)(a) BNSS provides that any appeal, application, trial, inquiry or investigation pending immediately before the BNSS came into force is to be disposed of under the CrPC as if the BNSS had not come into force. On a reading of that text, a Section 437 application pending on that date continues under the CrPC, while an application first made on or after 1 July 2024 is made under Section 480 BNSS.

Sources

Acts and sections read: BNSS 2023 ss.2(1)(b)–(e), 2(2), 187, 478, 479, 480, 483, 492, 531 and the First Schedule (Gazette CG-DL-E-25122023-250884); BNS 2023 ss.2(3), 103, 118, 318, 358 and the headings of Chapters VI, VII and XVII (Gazette CG-DL-E-25122023-250883); CrPC 1973 ss.2(a) and 437 with footnotes (original India Code text); IPC 1860 headings of Chapters VI, XVI and XVII.
Judgments read (Veritect judgment corpus, full text): Gurcharan Singh & Ors. v. State (Delhi Administration) (1978_2_358_370_EN.md); Moti Ram & Ors. v. State of M.P. (1979_1_335_348_EN.md); Prahlad Singh Bhati v. N.C.T., Delhi (2001_2_684_690_EN.md); Satender Kumar Antil v. CBI (2022_10_351_447_EN.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.

Section 437 CrPC vs Section 480 BNSS — Bail in Non-Bailable Offences