Section 482 BNSS Widens Scope Of Anticipatory Bail As Compared To Section 438 CrPC: Chhattisgarh High Court
The Chhattisgarh High Court observed that the deletion of the guiding factors under Section 438 of the CrPC for the grant of anticipatory bail by Section 482 of the BNSS widened the discretionary powers of the court hearing such applications.
The Court explained the difference between the erstwhile pari materia provision of 438 of the Criminal Procedure Code, 1973 (CrPC) and Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Bench explained that the new provisions deleted the guiding factors which the courts hearing anticipatory bail applications took into account, such as the nature and gravity of the accusation, criminal antecedents, and the possibility of the accused fleeing from justice.
A Single Bench of Justice Goutam Bhaduri observed, “In the erstwhile provision there were several guiding factors which needs to be considered while granting the anticipatory bail. The new provisions, however, deletes the guiding factors which the courts hearing anticipatory bail applications may have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to fee (sic) from justice. This deletion widens the discretionary powers of the court hearing such applications.”
Advocate Aditya Bhardwa appeared for the applicants, while Deputy G.A. Ankur Kashyap represented the respondent.
An application was filed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) by the applicants apprehending their arrest for offences punishable under Sections 451, 394 and 34 of the IPC.
As per the prosecution, the wife (applicant) had accidentally picked up a mobile belonging to her husband (complainant) after a heated argument between the wife’s brother and the husband. The Prosecution submitted that the applicant immediately sent an e-mail to the husband stating that they wanted to return it back but the said issue has unnecessarily made the source of dispute.
The prosecution also submitted that after the report was made, a closure report was filed by the police, however, that closure report after passing through litigation was eventually set aside.
The High Court observed, “Section 482 of the BNSS, 2023 has widen the scope of anticipatory bail as compared to the erstwhile provision under Section 438 of Cr.PC, 1973.”
The Court stated that the BNSS incorporated conditions which may be imposed while granting anticipatory bail in the light of the facts of a particular case. The conditions can include that a person has to make himself available for interrogation by a police officer as and when required or a condition that the person cannot, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer.
Other conditions included, “A condition that the person shall not leave India without the previous permission of the Court; such other condition as may be imposed under sub-section (3) of Section 480, as if the bail were granted under that section.”
Therefore, the Court observed, “Therefore, the said amendment suggest that the provisions has been amended in order to widen the scope of anticipatory bail that when there are reasonable ground for holding that a person accused of an offense is not likely to abscond, or otherwise misuse his liberty while on bail, there seems no justification to require him first to submit to custody, remain in prison for few days and then apply for bail. In this regard it is quite important to note.”
Accordingly, the High Court allowed the anticipatory bail application.
Cause Title: Parisha Trivedi & Anr. v. State of Chhattisgarh (Neutral Citation: 2024:CGHC:37340)
