Question
A Magistrate receives a bail application from an accused
arrested for a non-bailable offence. Under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 can the Magistrate grant bail in non-bailable offences?Solution
Section 480 of BNSS, 2023 states: "When bail may be taken in case of non-bailable offence". The section provides the circumstances under which bail can be granted in non-bailable offences. The Court must consider factors such as the nature and gravity of the offence, the circumstances of the case, the character, antecedents, and behaviour of the accused, the likelihood of the accused fleeing or absconding, the danger to the victim and witnesses, and the strength of the prosecution's case. Section 478 addresses general bail provisions, Section 479 addresses maximum detention period, Section 481 deals with bail requirements for appearance before Appellate Court, and Section 482 addresses anticipatory bail, but Section 480 specifically prescribes bail in non-bailable offences.
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