Question

Consider the following statements regarding bail in non-bailable offences under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Statement 1: Bail in non-bailable offences is entirely discretionary and the Court can refuse bail without providing any reasons. Statement 2: The Court must consider the nature of the offence, the character of the accused, and the likelihood of the accused fleeing. Statement 3: Bail can be granted in non-bailable offences only if the accused provides substantial evidence of innocence. Statement 4: The Court must also consider the danger posed to the victim, witnesses, or the public when deciding on bail in non-bailable offences. Which statements are correct?

Q: Answer-Consider the following statements regarding bail in non-bailable offences under Section 480 of the B...

Section 480 of BNSS, 2023 prescribes factors the Court must consider when granting bail in non-bailable offences natureseverity, characterantecedents, circumstances, likelihood of fleeing, and danger to victimwitnessespublic. Statement 2 is correctthese factors are explicitly required. Statement 4 is correctdanger to persons is a statutory consideration. Statement 1 is incorrect because Section 480 requires the Court to apply specific criteria discretion is not arbitrary. Statement 3 is incorrect because bail does not require proof of innocence the issue at bail stage is whether the accused is likely to flee or tamper with evidence, not guilt or innocence. Statements 2 and 4 are correct.