Application for cancellation of bail under the BNSS
An application for cancellation of bail asks the court to cancel bail already granted, usually because the accused has misused liberty, threatened witnesses or breached conditions. The High Court or the Court of Session can cancel bail under Section 483(3) BNSS (formerly Section 439(2) CrPC); a Magistrate can cancel bail it granted under Section 480(5) BNSS.
Key points
- Provisions: Section 483(3) BNSS (formerly 439(2) CrPC) and Section 480(5) BNSS (formerly 437(5) CrPC).
- Cancellation needs supervening circumstances or a perverse bail order; it is not a re-argument of the bail hearing.
- Usual grounds: threats to witnesses, tampering with evidence, committing another offence, absconding, breach of bail conditions.
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Cancellation of bail by the Sessions Court or High Court | Section 483(3) BNSS | Section 439(2) CrPC |
| Cancellation of bail granted by a Magistrate | Section 480(5) BNSS | Section 437(5) CrPC |
Which court or authority
The court that granted bail, or a superior court (Sessions Court or High Court).
What the document should contain
- Details of the bail order and the case
- The supervening circumstances, with dates
- Evidence of misuse (complaints, recordings, new FIR)
- Prayer to cancel bail and direct the accused to surrender
Documents to attach
- Certified copy of the bail order
- Copies of complaints or FIRs showing misuse
- Affidavit of the complainant or witness threatened
Procedure
- Collect material showing misuse after bail
- File the application with an affidavit before the appropriate court
- Notice issues to the accused, who is heard before cancellation
Common mistakes
- Re-arguing the merits already considered when bail was granted
- No specific supervening facts
Frequently asked questions
Who can apply for cancellation of bail?
The State (through the Public Prosecutor), the complainant or the victim can apply. The court can also act on its own if the accused breaches conditions.
Is the accused heard before bail is cancelled?
Yes. Cancellation affects liberty, so the accused is given notice and an opportunity to be heard.