Bharat Samvidhan
BNSS Section 478

Section 478 BNSS: Special powers of High Court or Sessions Court regarding bail

Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Official Statutory Wording (100% Legally Correct)

(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears Power to commute sentence. Restriction on powers of remission or commutation in certain cases. Concurrent power of Central Government in case of death sentences. State Government to act after concurrence with Central Government in certain cases. In what cases bail to be taken. or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a bond for his appearance as hereinafter provided. Explanation.—Where a person is unable to give bail bond within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso: Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 135 or section 492. (2) Notwithstanding anything in sub-section (1), where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond or bail

Simplified Legal Summary

This section details the statutory rules, frameworks, and procedures under Section 478 of the BNSS.

Legal Compliance Notice

This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.

Frequently Asked Questions (FAQs)

Q: What does BNSS Section 478 cover?

A: Section 478 of the BNSS 2023 deals with: "Special powers of High Court or Sessions Court regarding bail". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.

Q: Which old CrPC section does BNSS Section 478 replace?

A: BNSS Section 478 ("Special powers of High Court or Sessions Court regarding bail") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.

Q: Does BNSS Section 478 apply across all Indian states?

A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 478 ("Special powers of High Court or Sessions Court regarding bail") follows this national applicability.

Q: When did BNSS Section 478 come into effect?

A: The BNSS 2023 — including Section 478 ("Special powers of High Court or Sessions Court regarding bail") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.