Section 483 BNSS: Special Powers of High Court or Court of Session Regarding Bail

What does Section 483 BNSS mean?

Section 483 is the principal provision dealing with the special bail jurisdiction of the High Court and the Court of Session under the BNSS. The provision applies to a person who is already in custody and therefore concerns regular bail rather than anticipatory bail. Anticipatory bail is separately dealt with under Section 482 BNSS.

The power under Section 483 is wider than the ordinary bail power exercised by a Magistrate in non-bailable offences. The High Court or Court of Session may grant bail, impose appropriate conditions where Section 480(3) applies, modify or remove conditions imposed by a Magistrate, and cancel bail by directing that a released person be arrested and committed to custody.

Full text of Section 483 BNSS, 2023

Key powers under Section 483

1. Power to release an accused in custody on bail

Under Section 483(1)(a), the High Court or Court of Session may direct that a person accused of an offence and in custody be released on bail. Where the offence falls within Section 480(3), the court may impose conditions necessary for the purposes specified in that provision.

2. Power to change bail conditions imposed by a Magistrate

Section 483(1)(b) permits the High Court or Court of Session to set aside or modify a condition imposed by a Magistrate while granting bail. This provides a higher judicial forum for examining conditions that are alleged to be excessive, unnecessary or otherwise inappropriate in the circumstances of a case.

3. Power to cancel bail and recommit a person to custody

Section 483(3) expressly empowers the High Court or Court of Session to direct the arrest and recommittal to custody of a person who has already been released on bail under Chapter XXXV of the BNSS.

Notice to Public Prosecutor and presence of informant

For an offence triable exclusively by the Court of Session, or an offence punishable with imprisonment for life, the High Court or Court of Session must ordinarily give notice of the bail application to the Public Prosecutor before granting bail. The court may dispense with such notice only where it records written reasons that giving notice is not practicable.

A stricter procedure applies where the accusation concerns Section 65 or Section 70(2) of the Bharatiya Nyaya Sanhita, 2023. In such cases, Section 483 requires notice to the Public Prosecutor and makes the presence of the informant, or a person authorised by the informant, obligatory at the bail hearing.

Related provisions referred to in Section 483

Section 480(3) BNSS

Section 480 deals with bail in non-bailable offences before a court other than the High Court or Court of Session. Sub-section (3) requires specified conditions when bail is granted to a person accused or suspected of certain serious offences, including offences punishable with imprisonment extending to seven years or more and specified chapters of the BNS.

Section 65 BNS

Section 65 of the Bharatiya Nyaya Sanhita, 2023 provides punishment for rape in certain cases involving a woman below sixteen years of age and, under sub-section (2), a woman below twelve years of age.

Section 70(2) BNS

Section 70 of the BNS deals with gang rape. Sub-section (2) concerns gang rape of a woman under eighteen years of age and prescribes enhanced punishment.

Section 483 BNSS and the corresponding CrPC provision

Section 483 BNSS occupies the position previously held by Section 439 of the Code of Criminal Procedure, 1973, which dealt with the special powers of the High Court and Court of Session regarding bail. For proceedings governed by the BNSS, Section 483 is the relevant provision, subject to the applicable saving and transition provisions.

Official legal sources

For the authoritative statutory text and commencement information, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code, the official BNSS Act PDF on India Code, and the Ministry of Home Affairs - New Criminal Laws page.