CRPC §439A
439-A
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439-A. Power to grant bail.—(1) Notwithstanding anything contained in this Code, no person— (a) who, being accused or suspected of committing an offence under any of the following Sections, namely, —Sections 120B, 121, 121A, 122, 123, 124A, 153A, 302, 303, 304, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449 and 450 of the Indian Penal Code, 1860, Sections 3, 4, 5 and 6 of the Indian Explosive Substances Act, 1908, and Sections 25,26, 27, 28, 29, 30 and 31 of the Arms Act, 1959, is arrested or appears or is brought before a court; or (b) who, having any reason to believe that he may be arrested on an accusation of committing an offence as specified in clause (a), has applied to the High Court or the Court of Sessions for a direction for his release on bail in the event of his arrest, shall be released on bail or as the case may be, directed to be released on bail, except on one or more of the following grounds, namely: — (i) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a); (ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person; (iii) that the court including the High Court or the Court of Sessions for reasons to be recorded in writing is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail.” [Vide Assam Act 3 of 1984, s. 5.]
Editorial deltaAI-indicated (source-linked)
CRPC Section 439A (439-A) was inserted by a state-level amendment and is not carried forward as a directly corresponding provision in the central BNS/BNSS/BSA codification. The state provision continues to apply in the relevant state under the savings clauses of the new code, subject to state-level reconciliation. This edge is a draft placeholder; secondary review may identify a partial correspondence.
Government source
The statutory text above is compiled from the Act as published by the Government of India. The links open the full Act; use the PDF's search to find the section number. The linked government pages offer no link to a single section.
Code of Criminal Procedure, 1973 · §439A
View government sourcemha.gov.in(opens the Code of Criminal Procedure, 1973 PDF on mha.gov.in in a new tab)Ministry of Home Affairs, Government of India · PDF
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Newlaws.in, CRPC §439A Mapping Page, last updated 2026-05-01, accessed 2026-10-29, https://newlaws.in/crpc/439A.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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