Law Point

Bail Application Sample On Non-bailable Offence | Section 437 of CrPC or 482 of BNSS

September 18, 2024 | by ganeshtripura47@gmail.com

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Sample of Bail Application: Section 437 of the Code of Criminal Procedure (CrPC) and Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) both address bail provisions for non-bailable offenses, with key distinctions:

Section 437 of the CrPC:

  • This provision gives trial courts and magistrates the authority to grant or deny bail.
  • It generally prohibits bail for offenses punishable by death or life imprisonment unless there is strong evidence proving the accused is not guilty.

Section 482 of the BNSS:

  • This section replaces Section 437 of the CrPC.
  • It categorizes certain individuals as ineligible for bail in non-bailable offenses.
  • Exceptions are made for women, people who are sick or infirm, and individuals under 16 years old.
  • The BNSS appears to refine the conditions under which bail can be granted, introducing clearer categories of ineligibility while maintaining flexibility for vulnerable groups.

Bail Application

Below is a simplified and general sample bail application for a non-bailable offense under Section 482 of the BNSS or Section 437 of the CrPC:


IN THE COURT OF [NAME OF THE COURT]

AT [LOCATION]

Bail Application No. [Number] of 20XX

In the matter of: