S.480(3) BNSS Bail Conditions Not Applicable To Offences Punishable Up To 7 Yrs Imprisonment: Supreme Court

Supreme Court Ruling on S.480(3) BNSS

The Supreme Court ruled on April 27, 2026, that the strict bail conditions under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) do not apply to non-bailable offences punishable with imprisonment up to seven years.

In Narayan v. State of Madhya Pradesh, Justices J.K. Maheshwari and Atul S. Chandurkar addressed a case under the MP Excise Act, where the offence carried less than seven years’ punishment. The High Court had granted bail under S.480 BNSS but wrongly imposed S.480(3) conditions, then cancelled it for alleged violation, including a subsequent minor offence.

Section 480(3) mandates conditions like court attendance, no repeat offences, no witness tampering—only for offences punishable with seven years or more, or under BNSS Chapters VI (offences against state), VII (armed forces), XVII (public tranquillity), plus abetment, conspiracy, or attempts. For lesser offences, these cannot be imposed from the start, so violations don’t justify bail cancellation.

Courts must check punishment quantum before applying S.480(3); misapplication risks Supreme Court intervention. This protects accused in mid-tier offences from undue restrictions, aligning bail with offence gravity under new criminal laws effective July 2024.