Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXV: Provisions As to Bail and Bonds
Section 483: Special powers of High Court or Court of Session regarding bail
In plain words
The High Court or Court of Session can grant bail to any accused in custody, with necessary conditions, and can set aside or change conditions imposed by a Magistrate. It can also cancel bail and order the person's arrest.
- For offences triable only by a Court of Session or punishable with imprisonment for life, the Public Prosecutor must be given notice, unless not practicable for recorded reasons.
- For offences under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023, notice must go to the Public Prosecutor within fifteen days, and the informant or their representative must be present at the bail hearing.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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;
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 483
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Ashok Dhankad v. State of NCT of Delhi and Anr.
Issue arose as regards to the sustainability of the order passed by the High Court enlarging the accused on regular bail u/s.483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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Gajanan Dattatray Gore v. The State of Maharashtra & Anr.
Whether the bail granted to the appellant-accused on the basis of his undertaking to deposit Rs.25,00,000/- was rightly cancelled by the High Court on his failure to deposit the same.
- Shashi Kant Gupta v. State Through Incharge Economic Offence Wing
- Amrish Kumar Mishra & Ors v. The State of NCT of Delhi & Anr
- Deepak Alias Gaurav v. The State Govt of NCT Delhi
- Shubham Saxena v. State (Govt. of NCT of Delhi). & Anr
- Shadab Khan v. Narcotics Control Burau
- Rishabh Tandon v. Narcotics Control Bureau
- Mohd. Wasim @ Bablu v. State NCT of Delhi & Anr
- Mohd. Jalaluddin v. State (Nct of Delhi)
- Yudhveer Singh Yadav v. Central Bureau of Inestigation Through Secretary Government of India
- Gurpreet Singh Anand @ Vinny v. State NCT of Delhi
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Parvinder Singh Khurana v. Directorate of Enforcement
The issue involved in these appeals concerns the power of the High Court or Sessions Court to grant an interim order of stay of operation of an order granting bail till the disposal of the application for cancellation…