BNSS §483
of High Court or Court of Session Sec.1] such application.
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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: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice. 1[Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub-section
(3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code (45 of 1860), give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application.] 1[(1A) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under sub-section
(3) of section 376 or section 376AB or section 376DA or section DB of the Indian Penal Code (45 of 1860).]
(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody. STATE AMENDMENT Assam.—
483.
(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 480, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; Bail to require accused to appear before next Appellate Court. Direction for grant of bail to person apprehending arrest. Special powers of High Court or Court of Session regarding bail. (b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice: Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under section 65 or sub-section
(2) of section 70 of the Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application.
(2) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under section 65 or sub-section
(2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.
(3) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.
What changedAI-inferred
Special powers of High Court or Court of Session regarding bail.
Old position
CrPC 439 is concerned with Special powers of High Court or Court of Session regarding bail. Special powers of High Court or Court of Session regarding bail
New position
BNSS 483 preserves the framework with drafting modernisations as required by the new code. Topic: of High Court or Court of Session Sec.1] such application.. A High Court or Court of Session may direct,
BNSS 483 (of High Court or Court of Session Sec.1] such application.) preserves the framework of CrPC 439. BNSS 483 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 483 text: A High Court or...
Editorial deltaAI-indicated (source-linked)
BNSS 483 (of High Court or Court of Session Sec.1] such application.) preserves the framework of CrPC 439. BNSS 483 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 483 text: 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 480, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; Bail to...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 439 continues to apply. For matters from that date forward, BNSS 483 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 483 (of High Court or Court of Session Sec.1] such application.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §439 → BNSS §483 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/483.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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