Bail Provisions for Women under Section 480 BNSS
Special bail provisions and exceptions for women in non-bailable offences under the Bharatiya Nyaya Suraksha Sanhita
Section 480 of Bharatiya Nyaya Suraksha Sanhita
Section 480 deals with bail in case of non-bailable offences and includes special exceptions for women.
General Restrictions on Bail
According to Section 480, a person shall not be released on bail if:
Death or Life Imprisonment: There is reasonable ground to believe that he has committed an offence punishable with death or life imprisonment
Previous Conviction (Serious): He has been previously convicted for an offence punishable with death, life imprisonment, or for a term of seven years or more
Repeat Offender: He has been convicted on two or more occasions on other offences with a term between three and seven years
Special Exception for Women
Notwithstanding the general restrictions above, the court may grant bail even in these cases if such person is under the age of 16 or is a woman or is sick or infirm.
Key Provisions for Women
Women's Protection: Women can be granted bail even in serious non-bailable offences as a special exception
Judicial Discretion: Courts have discretionary power to grant bail to women despite general restrictions
Gender Sensitivity: The law recognizes the special circumstances and vulnerabilities of women
Special Status: Women are grouped with minors and sick persons for special bail consideration
Categories Under Section 480
Generally Restricted
Bail is generally not granted for:
Death penalty cases
Life imprisonment cases
Previous serious convictions
Repeat offenders
Special Exceptions
Bail may be granted as exceptions for:
Persons under 16 years of age
Women
Sick persons
Infirm persons
How Women Can Apply for Bail
Legal Representation: Engage a qualified lawyer to file bail application
Cite Section 480: Reference the special exception for women under Section 480
Present Circumstances: Highlight personal circumstances and family responsibilities
Court Consideration: Court will consider the exception and may grant bail based on individual merits
Important Note
This special provision for women reflects the legislature's recognition of gender-specific vulnerabilities and the need for protective measures in the criminal justice system. However, each case is considered on its individual merits by the court.