Question
Any condition imposed by a Magistrate when releasing any
person on bailSolution
This answer is based on Section 483 of the BNSS (which corresponds to Section 439 of the old CrPC). 1. The Statutory Provision (Section 483 BNSS) Section 483 outlines the "Special powers of High Court or Court of Session regarding bail."
- Clause (1)(b) explicitly states:
- Magistrate: Has the power to grant bail and impose conditions under Section 480(3) (for non-bailable offences).
- Superior Courts (Session/High Court): Have a supervisory and superior jurisdiction. They are legally empowered to review the orders of the Magistrate. If a Magistrate imposes a condition that is too harsh, irrelevant, or impossible to fulfill, the accused can approach either the Court of Session or the High Court to have that specific condition changed or removed.
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