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      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?
      A Statements 1 and 3 only Correct Answer Incorrect Answer
      B Statements 2 and 4 only Correct Answer Incorrect Answer
      C Statements 1, 2, and 3 only Correct Answer Incorrect Answer
      D Statements 1, 2, and 4 only Correct Answer Incorrect Answer
      E Statements 2, 3, and 4 only Correct Answer Incorrect Answer

      Solution

      Section 480 of BNSS, 2023 prescribes factors the Court must consider when granting bail in non-bailable offences: nature/severity, character/antecedents, circumstances, likelihood of fleeing, and danger to victim/witnesses/public. Statement 2 is correct—these factors are explicitly required. Statement 4 is correct—danger 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.

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