Section 480(3) BNSS Conditions Inapplicable for Offences Below 7 Years: Supreme Court Clarifies Bail Law

Narayan v. State of Madhya Pradesh (2026)
Court: Supreme Court of India


Introduction

The Supreme Court clarified the scope of section 480(3) BNSS bail conditions and held that section 480(3) BNSS bail conditions apply only to offences punishable with imprisonment of seven years or more. The Court emphasized that such conditions cannot be imposed in cases involving lesser offences and must be strictly applied in accordance with law.


Factual Background

The appellant was granted bail by the High Court in a case under the M.P. Excise Act. The Court imposed conditions under Section 480(3) BNSS.

Later, the High Court cancelled the bail on the ground that the accused committed a similar offence again. The cancellation was based on alleged violation of those conditions.

The accused challenged this order before the Supreme Court.


Supreme Court Held

The Court held that Section 480(3) BNSS applies only when the offence is punishable with imprisonment of seven years or more or falls under specified serious offences, including Chapters VI, VII, or XVII.

In cases where the offence is punishable below seven years, such conditions cannot be imposed.

In the present case, the subsequent offence carried punishment of less than five years. Therefore, conditions under Section 480(3) were not applicable.

When the imposition of conditions itself is invalid, cancellation of bail based on their violation is also unsustainable.

The High Court erred in cancelling bail solely on this ground.

Accordingly, the Supreme Court set aside the impugned order and allowed the appeal.

The Court further directed that the accused must not engage in any criminal activity. If he violates the law in future, the State may seek cancellation of bail in accordance with law

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