Affidavit for Regular Bail under Section 480 BNSS: Updated Format
This page provides an updated sample affidavit to support a regular bail application in a non-bailable offence before the competent Magistrate under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It also explains when legacy Section 437 of the Code of Criminal Procedure, 1973 (CrPC) may continue to apply.
What is Section 480 of the BNSS?
Section 480 of the BNSS deals with bail where a person accused of, or suspected of, a non-bailable offence is arrested or detained without warrant by the officer in charge of a police station, or appears or is brought before a court other than the High Court or Court of Session. Subject to the statutory restrictions and judicial assessment of the case, such a person may be released on bail.
The provision also contains safeguards and restrictions concerning serious offences, previous convictions, persons who may receive special consideration, conditions of bail, recording of reasons, cancellation of bail, and release in certain cases where a Magistrate-triable trial is not concluded within the prescribed period.
Section 437 CrPC and the BNSS transition
Section 437 CrPC was the earlier provision governing bail in non-bailable offences before a Magistrate or other court below the High Court and Court of Session. The CrPC was repealed when the BNSS came into force on 1 July 2024. However, Section 531 BNSS contains a saving clause for appeals, applications, trials, inquiries and investigations that were already pending immediately before commencement. Such matters may continue under the CrPC as provided by the saving clause.
| Situation | Provision generally relevant |
|---|---|
| Current regular bail application in a non-bailable offence before the competent Magistrate | Section 480, Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Proceeding saved by the repeal and savings clause | Section 437 CrPC may continue to govern, subject to Section 531 BNSS and the facts of the proceeding |
| Bail before the High Court or Court of Session | Section 483 BNSS |
Sample Affidavit for Regular Bail under Section 480 BNSS
The following is a general specimen. Court designation, case number, penal provisions, factual grounds, local affidavit rules, attestation requirements and the wording of verification should be adapted to the actual case and the practice of the court concerned.
IN THE COURT OF THE LEARNED JUDICIAL MAGISTRATE __________ AT __________
BAIL APPLICATION NO. ____ OF 20__
IN THE MATTER OF:
____________________________
APPLICANT / ACCUSED
VERSUS
STATE OF ____________________
RESPONDENT
AFFIDAVIT IN SUPPORT OF REGULAR BAIL APPLICATION
I, ____________________, aged about ____ years, S/o / D/o / W/o ____________________, resident of ____________________, do hereby solemnly affirm and state as follows:
1. That I am the applicant / accused in the accompanying bail application and I am well acquainted with the facts and circumstances of the case. I am competent to swear this affidavit.
2. That FIR / Crime No. ______ dated ______ has been registered at Police Station ____________________ for the alleged offences under Sections ____________________ of the Bharatiya Nyaya Sanhita, 2023 and / or other applicable law.
3. That I have been arrested / taken into custody on ______ and I am presently in judicial custody / police custody, as applicable.
4. That I deny the allegations against me and submit that the allegations are disputed matters to be tested during investigation and trial. Nothing stated in this affidavit shall be treated as an admission of guilt.
5. That my continued detention is not necessary for the fair investigation of the case. I undertake to cooperate with the investigating agency and to appear before the Investigating Officer and the Court as and when lawfully required.
6. That I shall not directly or indirectly induce, threaten or promise any person acquainted with the facts of the case, and I shall not tamper with evidence or obstruct the investigation or trial.
7. That I am a permanent resident of ____________________ and have sufficient roots in society. There is no reasonable likelihood of my absconding from the process of law.
8. That my antecedents are as follows: ____________________. If there is no previous criminal case or conviction, the same may be stated accurately. Any pending or previous case should be fully disclosed where required.
9. That I am willing to furnish the bond / bail bond and surety or sureties as may be directed by this Hon'ble Court and shall comply with every condition imposed for grant of bail.
10. That the facts relating to recovery, custodial interrogation, filing of charge-sheet / police report, period of custody, medical condition, age, family circumstances, parity with co-accused or any other relevant ground are stated in the accompanying bail application and may be read as part of this affidavit where legally permissible.
11. That no material fact relevant to the present bail application has been intentionally concealed from this Hon'ble Court.
DEPONENT
VERIFICATION
I, ____________________, the above-named deponent, verify that the contents of paragraphs 1 to ____ of this affidavit are true and correct to my knowledge and belief, based on the record available to me, and that nothing material has been concealed.
Verified at ____________________ on this ____ day of ____________________, 20__.
DEPONENT
Note: The precise form of affidavit and verification can vary by State, court rules and case type. The affidavit should match the accompanying bail application and the actual record.
Important points for a regular bail application
- Use Section 480 BNSS for current Magistrate-level bail applications in non-bailable offences, subject to any special statute that contains separate bail restrictions.
- Do not describe a Section 480 application as a Sessions Court bail application. The High Court and Court of Session exercise special bail powers under Section 483 BNSS.
- State the correct FIR or crime number, police station, arrest date, applicable penal provisions and custody status.
- Disclose criminal antecedents accurately. A false statement in an affidavit can create serious legal consequences.
- Explain why further detention is unnecessary and address risks such as absconding, witness influence, evidence tampering and non-cooperation.
- Where applicable, mention the duration of custody, completion of material investigation, filing of the police report, parity, health, age or other legally relevant circumstances.
- Check whether a special law such as the NDPS Act, UAPA, PMLA or another enactment imposes additional conditions for bail.
Official legal sources
For the current statutory text, consult the official India Code portal and the Ministry of Home Affairs - New Criminal Laws page. These official sources should be preferred when checking the latest text of the BNSS and related criminal laws.
Related legal formats
You may also refer to the Legal Formats - Alphabetical Order page and the Affidavit for Anticipatory Bail Application. For current criminal procedure provisions, see the BNSS overview.